The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council’s refusal of a planning application. It is reasonable to expect Mrs X to appeal to the Planning Inspector.
The complaint
Mrs X complained the Council refused her planning application but granted planning permission to a neighbouring development.
Mrs X says the reasons her application was refused contradicted why a neighbouring development received approval.
Mrs X says the Council has not responded to all her questions in her complaint.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mrs X’s complaint about the Council’s refusal of her planning application compared to the approved application of a neighbouring development. The Planning Committee did not approve her application.
The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about: A decision to refuse planning permission.
It is reasonable to expect Mrs X to appeal.
Mrs X said the Council has not responded to all her questions. It is not our role to answer every single question a complainant may have about what the Council did. The Council has provided a substantive response to the complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
We will not investigate Mrs X complaint because it is reasonable for her to use her right of appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman