Summary: We will not investigate this complaint about how the Council dealt with a planning application and the Council’s decision to refuse the complainant’s request to refund the planning application fee. This is because the complaint is late. The complainant also could have appealed to the Planning Inspector.

The complaint

1. Mr X has complained on behalf of his client about how the Council dealt with a planning application. Mr X says there were significant delays, and the Council should refund the planning application fee paid.

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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. 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)
4. 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)
5. 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.

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How I considered this complaint

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. Mr X has complained about the Council’s decision to refuse his request for a refund. However, I consider Mr X’s complaint about this matter late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. The Council granted planning permission for the development more than two years ago. Mr X and his client knew about the delays at the time. I see no good reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman sooner.
8. Furthermore, Mr X’s client could have appealed to the Planning Inspector for non-determination if they were unhappy with how long it was taking the Council to determine the application. I consider it would have been reasonable to have used this right to appeal. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector.

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Final decision

9. We will not investigate this complaint because the complaint is late. Mr X’s client also had the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman