Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s failure to give proper weight to material planning considerations. This is because the Planning Inspectorate is better placed to consider the matter as part of an appeal.

The complaint

1. The complainant, Mrs X, complains about general errors by the Council in its determination of planning applications.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended)

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.

5. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

6. I reviewed Mrs X’s complaint and the Council’s response. I shared my draft decision with Mrs X and considered her comments.

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What I found

7. Mrs X is a planning consultant. She complains about the Council’s approach to recent planning applications as she believes it has consistently failed to give sufficient weight to material planning considerations. She says this affects her business as it is causing uncertainty for her clients and has the potential to undermine her advice.
8. The Ombudsman will not investigate this complaint. It is not for us to carry out a review of the Council’s planning department or to offer an opinion on whether it has afforded proper weight to material planning considerations. Each case is considered on its merits and we are not professional planners. We cannot question the judgement of planning officers or the Council’s planning committee and we cannot overturn the Council’s decisions.
9. As a planning consultant Mrs X provides advice to her clients and if she considers the Council’s decisions on her clients’ applications are wrong she may advise them to appeal. The Planning Inspectorate is better placed to determine whether the Council’s decisions are correct and if it finds they are not, its inspectors may overturn the decision and grant planning permission. This is not an outcome we can achieve.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because the Planning Inspectorate is better placed to consider the issue.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman