Summary: The Ombudsman will not investigate this complaint that the Council refused Ms J and Ms K planning permission for a self-build housing development. The complaint is outside the Ombudsman jurisdiction because they had a right of appeal to the planning inspector.

The complaint

1. Mr X complains on behalf of Ms J and Ms K that the Council refused their planning application for a self-build housing development. He says the Council did not consider the application properly.
2. Mr X complains that the Council is failing in its duty to provide plots for self-build housing. He says it is a matter of public interest that the Council has 44 people on its self-build register and has not approved any self-build applications.
3. Mr X complains the Council failed to acknowledge or reply to his complaint sent to it in August 2019.

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The Ombudsman’s role and powers

4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. 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))
6. 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.

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How I considered this complaint

7. I have considered Mr X’s information, comments and reply to my draft decision statement. The information includes photographs of the proposed development site.

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What I found

8. In the summer of 2019, the Council refused planning permission for Mr X’s application for a number of dwellings. Mr X acted as agent for Ms J and Ms K. The Council refers to its local plan, the development being on greenfield land, and material planning matters such as access. Mr X refers to the site as being infill and says there are precedents for approval of such an application.
9. The Self Building and Custom Housebuilding Act 2015 requires councils to grant ‘suitable development permission’ to meet the demand for self-build.

Analysis

10. I will not investigate this complaint for the following reasons:
1. The complaint is outside the jurisdiction of the Ombudsman because Ms J and Ms K have or had a right of appeal (see paragraph 5 and 6 above). They could appeal the Council’s refusal to grant planning permission to the planning inspector.
2. I consider it reasonable for the complainants to use their right of appeal if they wish to challenge the decision. The planning inspector can consider material planning matters, including Mr X’s argument about the self-build, and has the power to grant approval. Mr X’s tells me the applicants would have appealed if they only wanted to challenge the refusal decision. He has not suggested or provided evidence that it was not reasonable to use the right of appeal.
3. There is no other injustice arising to Ms J and Ms K other than the refusal of their application. Mr X suggests the Council is failing to meet its duties regarding self-build approvals. Anyone who has an application refused can go to the planning inspector.
4. Where a complaint is outside jurisdiction the Ombudsman will not normally investigate complaint handling. There is no reason to do so here especially having regard to Mr X telling me he did not chase up his complaint to the Council made in August 2019. We could not comment on the substantive issues which are outside our jurisdiction.

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Final decision

11. The Ombudsman will not investigate Ms J and Ms K’s complaint that the Council refused planning permission for a self-build housing development. The complaint is outside the Ombudsman’s jurisdiction because they had a right of appeal to the planning inspector.

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Investigator's decision on behalf of the Ombudsman