Wednesday 22 – Thursday 23 March 2023
The Appellant seeks to challenge three decisions made by the Local Government and Social Care Ombudsman (“LGO”) in relation to a complaint of maladministration made by Piffs Elm Limited (“PEL”) against Tewkesbury Borough Council (“TBC”) acting in its capacity as a local planning authority. The complaint concerned TBC’s refusal to refund a planning application fee after deciding not to determine PEL’s planning application pursuant to s.70A, Town and Country Planning Act 1990. In a final report issued on 22 August 2019 the LGO found that TBC was at fault because it did not consider exercising its discretion to return the fee and that this had caused injustice. On 14 November 2019, the LGO withdrew the 22 August decision and re-opened his investigation. On 2 February 2021, the LGO issued a further final report now finding that TBC was not at fault.
The judge dismissed the judicial review, concluding that the LGO was entitled to withdraw the 22 August 2019 decision and that PEL’s challenge to the November 2019 decision must fail.