The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decisions on planning applications. We will not investigate this complaint because she has used her right of appeal to a Planning Inspector (and can continue to do so).
The complaint
Ms X complains about the way the Council has considered her planning applications.
The Ombudsman’s role and powers
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)) 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 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 complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that she has made a series of planning applications which she has had to appeal (successfully) to the Planning Inspector. She says that the Council has recently refused a planning application from her.
Any dispute about the merit of a planning application can be appealed to a Planning Inspector. The Planning Inspectorate is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Investigator's decision on behalf of the Ombudsman