The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of planning applications. We cannot investigate matters where the complainant has already appealed to the Planning Inspector. Also if the Council delays or refuses the complainant’s most recent planning application, it is reasonable to expect him to appeal to the Planning Inspector.
The complaint
Mr X complains the Council treated him unfairly and racially abused him during his pursuit of retrospective planning permission for work he had done at his home.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended) 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 Mr X and information on the Council’s and Planning Inspectorate’s websites.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied for retrospective planning permission for a boundary wall and gates to his property.
The Council refused the planning application. Mr X appealed to the Planning Inspector against the Council’s refusal. The Planning Inspector dismissed the appeal.
The Ombudsman cannot investigate when someone has already appealed to the Planning Inspector even if the appeal did not address all the issues complained about.
Mr X has now put in a new retrospective planning application for a porch canopy. The Council should decide whether to approve this application within eight weeks from the date the application was validated.
If the Council does not make a decision within eight weeks, Mr X can appeal to the Planning Inspector against the delay. Alternatively, if the Council refuses the application, he can appeal against the refusal.
I consider it is reasonable for Mr X to use his right of appeal if the Council delay or refuses his latest planning application. Other than the Council, only the Planning Inspector can approve the planning application which is the outcome Mr X is seeking.
Final decision
We will not investigate Mr X’s complaint because: He has already appealed to the Planning Inspector against the Council’s decision to refuse his planning application for a boundary wall. This part of the complaint is therefore outside our jurisdiction.
He has the right to appeal to the Planning Inspector if the Council fails to determine his latest planning application within eight weeks; or if the Council refuses it.
Investigator's decision on behalf of the Ombudsman