The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainant has the right to appeal to the Planning Inspector.
The complaint
Mr X has complained about how the Council dealt with his planning 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 Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X has complained about how the Council dealt with his planning application. He disagrees with how the Council reached its decision to request additional information to support the application and believes it has been dishonest. Mr X says the Council has misinterpreted planning policies and it has approved similar applications in the area.
However, Mr X can choose not to provide the information requested if he does not agree with the Council’s reasons for requesting it. Mr X will have the right to appeal to the Planning Inspector if the Council subsequently decides to refuse permission for the development. I consider it would be reasonable for Mr X to use his right to appeal. The Ombudsman will not usually investigate when someone has 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 has the right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman