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
Mr X has complained about how the Council dealt with his planning application. He says he was asked to provide unnecessary information and there have been delays. Mr X says he has 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), 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 the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council requested unnecessary information to support his planning application. However, Mr X could have chosen not to provide the requested information. He also could have chosen to not withdraw the application and appealed to the Planning Inspector if the Council subsequently refused permission for the development. Mr X also had the right to appeal to the Inspector if he was unhappy with how long the Council was taking to determine his application.
I consider it would have been reasonable for Mr X to have used his right to appeal. 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