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 had the right to appeal to the Planning Inspector.
The complaint
Ms X has complained about how the Council dealt with her planning application. She says there were long delays before the application was decided and the Council requested unnecessary information. Ms X says she 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 Ms X and the Ombudsman’s Assessment Code.
My assessment
Ms X could have appealed to the Planning Inspector if she was unhappy with how long the Council was taking to determine her application. Ms X could have also chosen not to provide the information requested by the Council or not amended the plans for the proposed development and appealed if the Council subsequently decided to refuse planning permission.
I consider it would have been reasonable for Ms X to have used her 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 Ms X’s complaint because she had the right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman