Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications. This is because the complainant had the right to appeal to the Planning Inspectorate.

The complaint

1. The complainant, whom I shall refer to as Ms X, has complained about how the Council dealt with her planning applications. She says the case officer made repeated requests for amendments to the plans and took too long to determine the applications. Ms X says the case officer was unprofessional and did not respond to correspondence. She says she has incurred costs as a result of the Council’s handling of the applications.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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))
4. 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.

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How I considered this complaint

5. I considered information provided by the complainant and the Council. I have also considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X could have appealed to the Planning Inspector after eight weeks if she was unhappy with how long the Council was taking to determine her applications. She also had the right to appeal against the Council’s decision to refuse permission for her first application. I consider it would have been reasonable for Ms X to have used this appeal right.
7. Ms X says her complaint is not about the planning decision, but the process that led to the decision. Ms X says the Council made repeated requests for changes to the plans and she was told on many occasions the amendments would make the proposal acceptable. Ms X says she incurred charges complying with the Council’s requests and suffered additional financial losses because of the Council’s delays. But these matters are related to the planning decision and delays which could have been appealed. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not provide a remedy for all the claimed injustice.

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Final decision

8. We will not investigate Ms X’s complaint because it would have been reasonable for her to have used her right of appeal to the Planning Inspectorate.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman