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 Miss X, has complained about how the Council dealt with her planning application. Miss X changed the plans for her extension as the case officer told her the proposal would not comply with the Council’s guidance. However, Miss X has since discovered that the Council granted permission for another extension in the area which also did not comply with the guidance. Miss X says the extension she was given permission for cost more to build than the development she originally planned and is smaller than she wanted it to be.
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 Miss X and the Ombudsman’s Assessment Code.
My assessment
Miss X has complained about how the Council dealt with her application and the advice she received from the case officer. However, Miss X could have chosen not to amend the plans for the extension and instead appealed to the Planning Inspector if the Council refused planning permission.
The Ombudsman will not usually investigate complaints 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 Miss X’s complaint because it would have been reasonable for her to have used her right of appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman