The Ombudsman's final decision
Summary: We will not investigate this complaint about issues connected to the way the Council processed prior approval applications, issued planning enforcement notices, and demolished an outbuilding. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is too late to complain about the prior approval applications. And the complainant has appealed to the Planning Inspector against the enforcement notice. Therefore, this matter is outside our jurisdiction.
The complaint
Mr X complains that, in 2018, the Council failed to follow the rules for process applications for prior approval.
He says the council failed to respond to his complaint about this.
Mr X also complains the Council demolished an outbuilding.
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 has done. (Local Government Act 1974, sections 26B and 34D, as amended) We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended) 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.
How I considered this complaint
I considered information provided by the Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because he was aware of the alleged errors in dealing with his prior approval applications in 2018. The law says a complaint must be made to us within 12 months of becoming aware of the problem. This complaint is therefore late and there is no good reason why Mr X could not have contacted us much sooner.
Mr X has appealed to the Planning Inspectorate against the refusal of an application for a lawful development certificate and an enforcement notice. Therefore, any complaints connected to these matters are outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman