East Riding of Yorkshire Council (21 005 929)
Category : Planning > COVID-19
Decision : Closed after initial enquiries
Decision date : 10 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s determination of his planning application. This is because it would be reasonable for Mr X to appeal to the Planning Inspectorate.
The complaint
- The complainant, Mr X, complains the Council wrongly refused his planning application without giving him a fair hearing.
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))
- 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 applied for planning permission from the Council in 2020. The Council put the application to its planning committee to decide but Mr X complains the committee did not allow him access to attend the meeting in person. He believes this goes against a recent High Court ruling and that the refusal of his application is illegal.
- It is not for us to determine the legality of the Council’s decision. If Mr X believes the Council’s decision is wrong, for whatever reason, it would be reasonable for him to appeal to the Planning Inspectorate. A Planning Inspector, acting on behalf of the Secretary of State, will then reach their own decision on the proposal.
Final decision
- We will not investigate this complaint. This is because it would be reasonable for Mr X to appeal.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman