The Ombudsman's final decision
Summary: Mr X complains that the Council charged him an incorrect fee for a planning application. We will not investigate this complaint because there is no evidence of administrative fault by the Council and he can make a planning application to determine the correct planning application to submit.
The complaint
Mr X complains that the Council charged him an incorrect fee for a 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)) 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.
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant had an opportunity to comment on my draft decision.
My assessment
Mr X says that he wished to change part of the use of his property from commercial to residential. The Council says that this would attract a fee of £120. Mr X says that this fee is incorrect. It is not for the Ombudsman to question the merit of the Council’s decision in the absence of administrative fault.
Further, any dispute as to whether planning permission is required can be the subject of a Lawful Development Certificate application if Mr X believes that the intended use does not require planning permission. Any such decision can be appealed to a Planning Inspector.
Final decision
I do not intend to investigate this complaint because there is no evidence of fault and there can, ultimately be an appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman