The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s approach to a contribution to affordable housing in a planning application. This is because the complainant has used his right of appeal in the matter which means we have no discretion to investigate. Even if we had, the complaint is late and there would be no good reasons to investigate events from up to eight years ago.
The complaint
Mr G says he applied for planning permission for a housing development in 2014, but he was unhappy about the way the Council or its agents calculated the contribution it would require towards affordable housing based on land and property values.
He also says the Council’s representatives misled the Planning Inspector during his appeals against the Council’s decisions, which meant the Inspector rejected his appeal at the time but has since accepted they did not take into account material information. Mr G believes the Council representatives actions amounted to fraud.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. (Local Government Act 1974, sections 26B and 34D, as amended) We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr G was aware in 2014 of the Council decision he is complaining about, namely what contribution it would require to affordable housing. The final date in his own timeline of events is January 2019. Mr G’s complaint is therefore late and there is no reason he could not have complained sooner. There is no reason for us to investigate the matter up to eight years after the original events.
Even if Mr G’s complaint was about recent events, however, he has already used his right of appeal to the Planning Inspector to seek the planning permission he wanted. We therefore have no discretion to investigate the underlying matter.
It is also the case that: Key questions of land and property values and house prices are not matters of record or indisputable fact, but ones of considered professional judgements at the time. We could not therefore say which of two different views was correct.
Allegations of fraud are ones for the police to consider, not the Ombudsman.
Final decision
We will not investigate Mr G’s complaint because he has used his right of appeal in the matter which means we have no discretion to investigate; even if we had, the complaint is late and there would be no good reasons to investigate events from up to eight years ago.
Investigator's decision on behalf of the Ombudsman