Summary: We will not investigate this complaint about how the Council handled planning applications. This is because it was reasonable for Mrs X to appeal to the Planning Inspectorate. Other parts of the complaint are late, and Mrs X has not suffered significant injustice in relation to other matters.

The complaint

1. Mrs X says the Council wrongly handled her planning applications. She says the Council’s errors and delays have cost her money and caused significant distress. Mrs X wants the Council to pay her compensation for her losses and review its planning processes.

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. 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)
4. 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.

5. 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)
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 any injustice is not significant enough to justify our involvement (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 the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. Mrs X made four planning applications in relation to her home. She had the right to appeal to the Planning Inspector if she was unhappy with the Council’s decision to refuse her planning applications or for non-determination if she was unhappy with how long the Council was taking to decide the applications. Mrs X also could have appealed if she did not agree with the conditions placed on the planning permission. I consider it would be reasonable for Mrs X to use her right to appeal. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal will not address all the issues complained about.
10. Mrs X complained about several issues with the Council’s planning processes. I consider many of these issues are related to the planning decisions which could have been appealed. However, even if the issues raised are separate from the matters that can be appealed, the Council made its planning decisions over 12 months ago and Mrs X knew about the issues she has complained about at the time. We cannot investigate late complaints unless we decide there are good reasons. If Mrs X was concerned about how the Council made its decisions, she could have complained to us much sooner.
11. Mrs X further complained the Council wrongly told her one of the applications was never validated. She also complained about the Council’s complaint process. I am not satisfied that Mrs X has suffered a significant personal injustice from these matters. Where the Ombudsman has decided not to investigate the substantive issue, it would not be good use of public resources to investigate complaint handling.

Back to top

Final decision

12. We will not investigate Mrs X’s complaint because it was reasonable for Mrs X to appeal to the Planning Inspectorate. Other parts of the complaint are late, and Mrs X has not suffered significant injustice in relation to other matters.

Back to top

Investigator's decision on behalf of the Ombudsman