The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of the complainant’s planning application and his reports of breaches of planning control. The complainant has appealed the planning decision therefore this part of the complaint is outside our jurisdiction. The complaint about planning enforcement is made too late and there is no reason to investigate it now.
The complaint
The complainant, I shall call Mr X, complains: The Council refused his planning application because it did not have time to consider it properly and is biased against single developments; and The Council failed to take enforcement action against intensification and expansion of the local football pitches
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)) 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.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains the Council Is biased and refused his planning application because it was too busy to consider it.
We cannot investigate this complaint because it is outside the Ombudsman’s jurisdiction. Mr X has used his right of appeal to the planning inspector (see paragraph 3 and 4).
Mr X also complains the Council refuses to take enforcement action against the expansion of playing fields close to his home and the intensification of use.
The law says a complaint must be made to us within 12 months of the complainant becoming aware of the matter. Mr X did not complain to us on this point until March 2022. However, he has provided information showing he was aware of the issue as early as June 2019, if not before. I can see no reason why he could not have raised these issues sooner if he was unhappy with the Council’s actions.
Final decision
We will not investigate Mr X’s complaint because: He appealed to the Planning Inspector against the Council’s refusal of his planning application. Therefore, any complaint about this is out of our jurisdiction.
His complaint about a failure to take enforcement action about the increased use of the football pitches it made too late.
Investigator's decision on behalf of the Ombudsman