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 has the right to appeal to the Planning Inspector.
The complaint
Mr X has complained about how the Council dealt with his planning application. Mr X says the Council took too long to determine the application and the correct procedures were not followed. Mr X says he was not given an opportunity to address the reason for refusing the application and objections to the proposal were accepted without evidence.
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 can appeal to the Planning Inspector if he is unhappy with the Council’s decision to refuse planning permission. He also could have appealed to the Inspector if he was unhappy with how long the Council was taking to determine his application.
Mr X has complained about how the application was dealt with by the Council. But the issues he has raised are related to the planning decision which can be appealed, and 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.
Mr X has raised concerns about the behaviour of councillors. However, there is a separate procedure for complaints about the conduct of a councillor. The Council has given Mr X information about this process.
Mr X has complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.
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