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. Mr X says the Council took too long to determine his application, requested unnecessary information and failed to provide guidance. Mr X says he has been caused considerable stress by the matter and incurred additional costs because of the Council’s actions.
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 after eight weeks if he was unhappy with how long the Council was taking to determine his application. Mr X says the Council continuously asked for unnecessary information. But he could have refused to provide this and instead appealed to the Inspector for non-determination.
I consider it would have been reasonable for Mr X to have used his right to appeal and the Ombudsman will not usually investigate when someone had 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 had the right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman