The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council dealt with his planning application. This is because he 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 disagrees with the Council’s reasons for refusing his application and says the Council’s planning report contains inaccurate figures and information.
He also complains about how the Council handled his complaints regarding the planning application refusal.
Mr X would like an independent re-assessment of his planning application.
The Ombudsman’s role and powers
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 a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about the way the Council handled his planning application. He says that the planning report contained errors and unreliable information. He says the Council did not handle his application with care and professionalism.
He also complains about how the Council handled his complaints after it had refused his planning application. Mr X would like an independent re-assessment of his planning application.
Although I acknowledge his frustration, Mr X had the right to appeal to the Planning Inspector. This would have provided an independent review of the Council’s decision to refuse 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 have addressed 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 Inspectorate.
Investigator's decision on behalf of the Ombudsman