The Ombudsman's final decision
Summary: We will not investigate this complaint about a refused planning application. This is because Mr X had the right to appeal to the Planning Inspector.
The complaint
Mr X complains the Council’s planning officers misled and ill-advised him in relation to his planning application which was refused. Mr X says he spent a significant amount of time and money pursuing this application. Mr X wants the Council to pay back the costs he has incurred and provide compensation for the time spent on the matter.
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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I consider it would have been reasonable for Mr X to use his right to appeal to the Planning Inspector if he did not agree with the Council’s decision to refuse his application. 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.
Mr X says his complaint is not about the planning decision and his concerns relate to the misleading and inconsistent advice he received from officers during the application process. But these matters are related to the planning decision which could have been appealed.
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