The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant had the right to appeal to the Planning Inspector.
The complaint
The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning application. He says the decision notice incorrectly said positive discussions had taken place to enable the decision. Mr X says he did not receive any feedback from the Council before it refused planning permission and planning officers did not respond to his correspondence.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)) 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 Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X could have appealed to the Planning Inspector if he was unhappy with the Council’s decision to refuse planning permission.
I understand Mr X says his complaint is not about the Council’s decision to refuse his application. He says his concerns relate to the Council’s handling of the application and the incorrect information on the decision notice. But these matters are related to the planning decision which could have been appealed. I consider it would have been reasonable for Mr X to have used his right to appeal. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not have addressed all the issues complained about.
Final decision
We will not investigate Mr X’s complaint because it would have been reasonable for him to have used his right of appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman