Summary: We will not investigate this complaint about the way the Council dealt with a planning application. We have not seen enough evidence of fault in the Council’s actions. And we cannot require the Council to refund the planning application fee.

The complaint

1. Mr X complains for Mr Y. He says the Council validated Mr Y’s planning application and started statutory deadlines without requesting all necessary information. He says it delayed asking for an air quality monitoring report by a month and then refused to allow extra time, making it impossible for Mr Y to provide the information in time.
2. Mr X wants the Council to:
• Recognise the fault.
• Review procedures to identify the need for such information sooner; and
• Refund Mr Y for the application fee and associated expenses.

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The Ombudsman’s role and powers

3. 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, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council validated Mr Y’s planning application in January. In February, the Council sought a three-month air quality monitoring survey (AQMS). However, this would delay the Council’s determination of the application. The Council decided not to grant an extension of time. Therefore, it advised Mr Y it would refuse the application or he could withdraw it. Mr Y withdrew the application.
7. The Council offers a pre-planning application service. This would have identified the need for a three-month AQMS, so Mr Y would have been able to prepare this before putting in his application. However, he chose not to use this service.
8. Mr X says the Council should not have validated the application when it knew it needed an AQMS.
9. When it validates a planning application, the Local Planning Authority (LPA) is confirming a planning application is complete with all necessary forms, fees and compulsory supporting documents.
10. The Government states the following documents are required to make a planning application (which is not an outline application) valid:
• A completed application form.
• Plans and drawings.,
• Ownership Certificate and Agricultural Land Declaration.
• A Design and Access Statement (for certain planning applications)
• A fire statement (for certain planning applications)
• The correct application fee.
• Local information requirements.
11. The Council does not have any local validation requirements, so applicants must follow the Government’s list.
12. Validation officers do not check applications to see if planning officers will need further information.
13. The Council validated Mr Y’s planning application as he had provided the information stated on the Government’s list. It then passed the application to a planning officer to continue the application process which includes consulting with specialists such as environmental health officers (EHOs). LPAs routinely consult with EHOs because they are experts in air quality, contaminated land and statutory nuisances. It is necessary for the LPA to consider such matters when deciding whether to approve a planning application.
14. Mr X complains the Council refused to give Mr Y extra time to complete the three- month AQMS. However, the Council does not have to extend the time for deciding an application. LPAs must decide such planning applications within eight weeks from the date the application was validated. By allowing an extension of time, the Council would have allowed the application to take much longer than the eight-week target for determination set by the Government.
15. Mr Y withdrew the application. Mr X wants the Council to refund the planning application fee. The Government sets out when planning application fees can be refunded. Government guidance states that once paid most planning application fees cannot be refunded. There are a few exceptions to this including:
• In connection with the Planning Guarantee.
• When a request for a written confirmation of compliance is not completed within 12 weeks; and
• In some circumstances for deemed planning applications.

None of the above applied to Mr Y’s application and the Council therefore cannot refund the application fee.

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Final decision

16. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the way the Council dealt with Mr Y’s planning application. And we cannot require the Council to refund the planning application fee.

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Investigator's decision on behalf of the Ombudsman