Summary: We will not investigate this complaint about how the Council handled Mr X’s planning application. Mr X used his right to appeal the decision to the Planning Inspector. He also had the right to appeal to the Planning Inspector about delays, and there is not a good reason for us to consider the matter instead.

The complaint

1. Mr X complained the Council abused its power in refusing his planning applications and delaying making decisions. He says this led to inconvenience, delays in the project and higher cost of carrying out the works. He wants the Council to work with him to find a suitable way forward.

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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. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
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), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. 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; and
• A planning enforcement notice.
8. Where a person has used their right of appeal to a government minister, we have no discretion to consider the matter. Mr X appealed the Council’s decision, but the Planning Inspector refused his appeal. A decision that is not in the applicant’s favour is not reason for us to consider the matter as well, and we have no power to change the Planning Inspector’s decision.
9. We may consider complaints about matters that could be appealed, if we decide it was not reasonable for the person to appeal. Given that the Planning Inspector also considers appeals about delays, it was open to Mr X to appeal sooner to expedite a decision. The Planning Inspector is usually best placed to consider such matters. It would have been reasonable for Mr X to use this right, and there is not a good reason for us to consider the matter instead.

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Final decision

10. We will not investigate Mr X’s complaint because he used his right of appeal relating to the Council’s decision, and it would have been reasonable for him to appeal about delays.

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Investigator's decision on behalf of the Ombudsman