Solihull Metropolitan Borough Council (21 017 079)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s planning application. This is because Mr X had appeal rights to the Planning Inspectorate which we would reasonably have expected him to have used.
The complaint
- The complainant, who I refer to as Mr X, complains about the Council’s handling of his planning application. He says it repeatedly missed deadlines and failed to accurately review information he provided on his application.
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 Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council refused Mr X’s planning application to extend his property.
- Mr X complained to the Council about its handling of the application. While it apologised that it had not contacted him to request more time to determine the application, it did not uphold his complaint.
- The restriction highlighted at paragraph 3 applies to Mr X’s complaint. He had appeal rights to the Planning Inspector against the Council’s delay in determining the application and against its decision. As he had this alternative remedy, which we would reasonably have expected him to have used, the complaint falls outside our jurisdiction and will not be investigated.
Final decision
- We will not investigate Mr X’s complaint because he had appeal rights to the Planning Inspectorate which we would reasonably have expected him to have used.
Investigator's decision on behalf of the Ombudsman