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 can 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 and its decision to refuse planning permission.
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 if he disagrees with the Council’s decision to refuse planning permission.
I understand Mr X’s complaint also relates to how the application was handled by the Council. But how the Council dealt with the application is related to the planning decision which can be appealed, and I consider it would be reasonable for Mr X to use his right to appeal. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.
Final decision
We will not investigate Mr X’s complaint because he has the right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman