The Ombudsman's final decision
Summary: We will not investigate this complaint about a delay in validating a planning application because there is insufficient evidence of fault by the Council.
The complaint
Mr X complains about the Council’s unreasonable consideration of his client’s planning application.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that his client made a planning application in March 2024 which the Council says was not received until three days later. The Council declared the planning application invalid two weeks later as more information was needed. Although planning fees were to be increased on 1 April, the Council advised that an extension was in place for those planning applications where the reason was other than an incorrect planning fee.
Two further invalid letters were sent to Mr X in April as the Council says not all the information requested had been received. The Council says that a Planning Officer spoke to Mr X about the further information needed. This was eventually received after the extended deadline had been passed and so the new increased planning application was applicable.
The Council says that the knowledge of the increased fee meant that there was a considerable increase in the number of planning applications received at that time. Whilst I appreciate that Mr X disagreed with the Council’s view as to what further information was required, the Ombudsman cannot question the merits of that advice to Mr X in the absence of fault.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman