Summary: We will not investigate this complaint about the Council’s decision to refuse Mr X consent to develop his land. This is because Mr X has a right of appeal to the Planning Inspector and the Council has now notified him of that right.

The complaint

1. Mr X complains about the way the Council has dealt with development on his land which he believes is covered by permitted development rights. Mr X says the Council rejected his application for consent to carry out the development but did not advise him of any appeal rights.
2. Mr X also complains the Council gave him incorrect advice regarding development on the land. He says he went ahead with his planned use of the land and later had to stop this when the Council admitted its advice was wrong.
3. Mr X says the Council’s actions have impacted on his business and reputation.

Back to top

The Ombudsman’s role and powers

4. 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))
5. 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.

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The Council has accepted it did not advise Mr X that he was able to appeal its decision refusing consent for development. The Council has said it will reissue its decision and provide details of how to appeal.
9. Now the Council has provided Mr X with details of his appeal rights we are unable to investigate this complaint. This is because Mr X has a right of appeal to the Planning Inspector. I consider it reasonable to expect Mr X to use those rights.
10. The Council has accepted that it changed its view on Mr X’s rights to develop the land following comments from a third party. The Council is entitled to change its view on planning matters in light of information presented to it. These are professional judgements and as such it is possible for different officers to reach differing views based on the same information.
11. In any case Mr X now has an opportunity to challenge the Council’s decision through an appeal and there is no reason he cannot do so if he is unhappy with the Council’s decision regarding the proposed development.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because he has a right of appeal to the Planning Inspector.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman