Summary: We cannot investigate this complaint about a decision on a planning application. Mr X has used his right of appeal, and the law does not allow us to investigate. Nor will we investigate delays in that decision, because that is a late complaint and there are no good reasons to consider it. And there is not enough evidence of fault the Council declined to refund Mr X his application fee.

The complaint

1. Mr X complains the Council took longer than the statutory time limits to consider his application, which it then refused. He complains the Council provided false information during his appeal to the Planning Inspectorate. Mr X says this has caused him stress. He wants the Council to refund his application fee due to the delay. He also complains the Council has refused a second application.

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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 a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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)
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))

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How I considered this complaint

7. I considered information provided by Mr X.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about delay by an authority in deciding an application and about decisions to refuse planning permission.
10. The Council refused Mr X’s planning application, and Mr X said it provided false information. Mr X has already appealed to the planning inspectorate therefore, the restriction in paragraph three applies, and we cannot investigate matters relating to the decision to refuse the planning application.
11. Mr X also complained about a delay in making this decision. The Council refused his planning application in early 2024, but he brought his complaint to us 19 months later in October 2025. So, this aspect of his complaint is late and there are no good reasons to consider it.
12. Mr X said the Council refused to pay him back his application fee. Under the planning guarantee, implemented in December 2023, local planning authorities must refund planning fees if an application is not determined within a specified time and if no extension has been agreed in writing. At the time of Mr X’s application, the Council had 26 weeks to decide on the application. The Council informed Mr X of its decision 24 weeks after his application was validated. So, we are unlikely to find fault with the Council for not issuing a refund, as the decision was made within the permitted time.
13. Mr X says the Council has refused a second planning application. But we will not consider a complaint about this. In line with the legislation at paragraph five, it would have been reasonable to expect Mr X to use his appeal right, as he did with the previous application. So, we will not investigate this.

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Final decision

14. We will not investigate Mr X’s complaint because he has used his appeal right, part of the complaint is late, and we are unlikely to find fault with the Council for not issuing a refund.

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Investigator's decision on behalf of the Ombudsman