Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complaint is late.

The complaint

1. Ms X has complained about how the Council dealt with her planning application. Ms X says there were significant delays and the Council should refund the application fee she paid.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
5. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• Delay – usually over eight weeks – by an authority in deciding an application for planning permission
• A decision to refuse planning permission
• Conditions placed on planning permission
• A planning enforcement notice.

6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

7. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

Back to top

My assessment

8. I consider Ms X’s concerns about how her application was handled late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. It has been considerably more than a year since the Council received and determined Ms X’s planning application. Ms X knew about the issues she has complained about at the time. I see no good reason to exercise discretion to investigate as Ms X could have complained to the Ombudsman sooner.
9. Furthermore, even if I did agree the complaint was in time, my decision not to investigate would be the same. I am satisfied the Council properly considered Ms X’s request to refund the planning fee and has explained why her request was refused. Ms X also could have appealed to the Planning Inspector for non-determination if she was unhappy with how long the Council was taking to decide her application. I consider it would have been reasonable for Ms X to have used her right to appeal, and the Ombudsman will not usually investigate when someone had the right to appeal.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because it is late.

Back to top

Investigator's decision on behalf of the Ombudsman