The Ombudsman's final decision
Summary: We will not investigate this complaint about the refusal of a planning application or a dispute about fees as there is an appeal to the Planning Inspector.
The complaint
Mr X complains that the Council unreasonably refused his planning application and then failed to provide accurate advice about fees for a second planning application.
The Ombudsman’s role and powers
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) 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.
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 submitted a planning application for development to his house. The Council refused the planning application.
Mr X had a right of appeal to a Planning Inspector against this decision. The Planning Inspectorate is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Mr X says that he sought advice about making a second planning application which he believed would be free of fees.
Any dispute about fees for a planning application can be appealed to a Planning Inspector. If the Council refuses to validate a planning application (as the correct fee had not been paid) the applicant can appeal the non determination of the planning application to the Planning Inspector. Again, the Planning Inspector’s decision is final and binding and therefore I consider this the most appropriate way to resolve such a dispute.
Mr X says that he lost the right to “free go” by failing to submit a new planning application within 12 months due to unreasonable delays by the Planning Officer in providing advice. However, as Mr X was aware of the 12 month time limit I consider that a planning application should and could reasonably have been made within that time, notwithstanding any dispute about the fee.
Final decision
We will not investigate Mr X’s complaint because he had a right of appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman