Warwick District Council (23 010 633)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s consideration of a planning application.
The complaint
- Mr X complains about the way the Council considered his planning application for development and a lawful use.
The Ombudsman’s role and powers
- 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.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X submitted a planning application for a Lawful Development Certificate for an extension he had previously built.
- The Council refused that planning application and advised him he could appeal to a Planning Inspector.
- Mr X argues that the Council did not properly consider the planning application.
- The law provides that any dispute about the way a planning application is considered is a matter for the Planning Inspector. Any injustice caused by the way a Council considered a planning permission is determined by the resulting decision. Mr X can seek costs against the Council when appealing, if appropriate.
Investigator's decision on behalf of the Ombudsman