The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with the complainant’s planning applications. This is because parts of the complaint are late. The complainant also has a right to appeal to the Planning Inspector.
The complaint
Ms X has complained about how the Council has dealt with her planning applications and its decision to take enforcement action against her. Ms X says the Council has granted permission for similar developments in the area but has refused her applications. Ms X says she is in the process of making a new application for the site and is concerned it will not be dealt with fairly by the Council.
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 government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended) 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)
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
Ms X has raised many concerns about how the Council has dealt with her planning applications and its decision to take enforcement action against her. However, I consider Ms X’s concerns about these matters late.
A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. It has been many years since the Council took enforcement action. It has also been several years since the Council refused Ms X’s most recent planning application. Ms X knew about the issues she has complained about at the time, and I see no good reason to exercise discretion to investigate as Ms X could have complained to the Ombudsman sooner.
Furthermore, Ms X used her right to appeal to the Planning Inspector against the Council’s decision to refuse some of her applications. The Ombudsman cannot investigate when someone has used their right to appeal to the Planning Inspector. Ms X also could have appealed if she disagreed with the Council’s decision to refuse her other applications or if she disagreed with the enforcement notice issued. I consider it would have been reasonable for Ms X to have used her appeal right and the Ombudsman will not usually investigate when someone had the right to appeal to the Inspector.
Ms X says she is in the process of submitting another application for the site and is concerned the Council will not treat it fairly. But Ms X will have the right to appeal to the Planning Inspector if she disagrees with the outcome of the application.
Final decision
We will not investigate Ms X’s complaint because parts of the complaint are late. Ms X also has a right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman