The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about planning fees. It is unlikely we would find fault or direct injustice.
The complaint
Mrs X says the Council should reimburse her planning application costs and change the information it supplies to applicants.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mrs X which included the Council’s reply and the information on the Council’s website relevant to this complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
In June 2023 Mrs X applied via an agent for planning permission to extend and alter her home. Her agent chose to not use the online application but a paper application. The agent told her it was cheaper that way. The Council granted the application in August 2023.
Mrs X later discovered she should not have paid any application fees because she needed the extension and alterations to meet her disability. She complained to the Council.
The Council said in reply to her complaint that she had provided no information about her disability with her application and so had paid the right fee. It said the same information which it provided in a charging schedule is available to the online applications. From the Council’s website it is clear using the fee calculator that applications to meet disabilities are free.
Mrs X says the information needs to be clearer.
Analysis We should not investigate Mrs X’s complaint as it does not meet the tests in our Assessment Code because: It is unlikely we would find fault in the Council’s imposition of its original charge and its consideration of whether to reimburse Mrs X.
Her injustice (the incorrect fee) is not directly caused by the Council as her agent paid the wrong fee.
The Council refers applicants to the national planning portal charges information and its unlikely we would find fault in it relying on this system.
Final decision
We will not investigate Mrs X’s complaint because it does not meet the tests in our Assessment Code.
Investigator's decision on behalf of the Ombudsman