Summary: We will not investigate this complaint about the Council’s decision to process a planning application and not to refund the application fee. Further investigation will not lead to a different outcome. Also we cannot require the Council to refund the fee as the planning application was processed and planning permission granted.

The complaint

1. Mr X complains the Council refuses to refund his planning application fee. Despite an officer telling him he did not need planning permission to change two windows and could have his application fee refunded if he wanted.
2. He wants compensation and a refund of his planning application fee.

Back to top

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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X says a Council officer told him he did not need planning permission to change two windows in his flat. He says he asked for a copy of a recording of the telephone call. And for the Council to confirm in writing that he did not need planning permission.
7. The Council confirmed it can only confirm whether his replacement windows needed planning permission without Mr X making either a planning application, or an application for a Certificate of Lawfulness.
8. Mr X submitted a planning application. This was processed by the Council and planning permission was granted. Planning application fees are set by the Government and set out in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, as amended.
9. Mr X wants a refund of his application fee and compensation. As the Council received a planning application from Mr X, processed the application and granted planning permission, this is not something we can achieve for him.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because, as there is no recoding of the telephone call, further investigation will not lead to a different outcome. Also, as the planning application was processed and planning permission granted, we cannot require the fee is refunded.

Back to top

Investigator's decision on behalf of the Ombudsman