Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainant had the right to appeal to the Planning Inspector.

The complaint

1. Mr X has complained about how the Council dealt with his planning application. Mr X says there have been delays and he was asked to provide unnecessary information. Mr X has also raised concerns about the behaviour of the case officer and says he has been caused stress and suffered financial loss because of the Council’s actions.

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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)
5. 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.

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How I considered this complaint

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because he has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right, even if the appeal will not address all the issues complained about.
8. Mr X has raised many concerns about how the application was handled by the Council and says there were delays. But how the Council dealt with the application is related to the planning decision which has been appealed. Mr X could have also appealed to the Inspector for non-determination if he was unhappy with how long it was taking the Council to decide his application. I consider it would have been reasonable for Mr X to have used his right of appeal, and the Ombudsman will not usually investigate when someone had a right to appeal.

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Final decision

9. We will not investigate Mr X’s complaint because he has appealed, or could have appealed, to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman