The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council is dealing with the complainant’s planning application. This is because the complainant has 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 is dealing with his planning application. Mr X says the Council is taking too long to determine the application and it has failed to 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 can appeal to the Planning Inspector for non-determination if he is unhappy with how long the Council is taking to determine his application.
I understand Mr X has also complained about the Council’s failure to respond to his correspondence and questions about the application. But this is related to the matter that can be appealed. I consider it would be reasonable for Mr X to use his right of appeal. The Ombudsman will not usually investigate when someone has the right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.
Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the main issues complained about, we will not usually use public resources to consider more minor issues such as complaint handling.
Final decision
We will not investigate Mr X’s complaint because it would be reasonable for him to use his right of appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman