The Ombudsman's final decision
Summary: We will not investigate this complaint about a disputed Certificate of Lawfulness application fee. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to pursue an appeal to the Planning Inspectorate.
The complaint
The complainant, whom I refer to as Ms X, is a planning agent and says the Council is charging the wrong fee for her client’s Certificate of Lawfulness application. Ms X says the dispute makes her look incompetent as an agent.
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)) The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector can consider appeals about delay – usually over eight weeks – by an authority in deciding an application.
How I considered this complaint
I considered information provided by Ms X and the Council, which consisted of their complaint correspondence.
I also considered our Assessment Code.
My assessment
The restriction detailed in paragraphs 2 and 3 above applies to Ms X’s complaint. This is because where a council refuses to validate an application because it considers the correct fee was not paid, the applicant may wait and appeal for non‑determination. The Planning Inspector can then decide whether they have jurisdiction to determine the appeal by deciding, amongst other things, whether the amount paid was correct.
I consider it reasonable to expect Ms X, or her client, to use this right of appeal, so the Ombudsman has no jurisdiction to investigate the complaint.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to expect her to appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman