The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with the complainant’s planning application. This is because the complainant has the right to appeal to the Planning Inspector.
The complaint
Ms X has complained about how the Council has dealt with her planning application. She says the Council has unfairly applied a policy to her application and requested unnecessary information. Ms X has also complained about how long it is taking the Council to determine her application.
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), as amended) 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 Ms X and the Ombudsman’s Assessment Code.
My assessment
Ms X could have appealed to the Planning Inspector for non-determination if she was unhappy with how long it was taking the Council to assess her application. I consider it would have been reasonable for Ms X to have used her right to appeal and the Ombudsman will not usually investigate when someone had the right to appeal.
Ms X is unhappy with how the Council is applying planning policy to her application and the information it has requested to support the proposal. However, Ms X can choose not to provide the information if she believes it is unnecessary and appeal to the Planning Inspector if her application is refused.
Final decision
We will not investigate Ms X’s complaint because she has the right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman