Summary: On the evidence currently available, we will not investigate this complaint about how the Council has dealt with Mr X’s planning application. This is because Mr X has a right to appeal to the Planning Inspector. Mr X can also contact the Information Commissioner’s Office if he is not satisfied with the Council’s response regarding an alleged data protection breach.

The complaint

1. Mr X complains about how long the Council is taking to determine his planning application. He also believes there has been a breach in confidentiality. Mr X would like to be compensated by the Council for the delay. He would also like to receive an outcome on his planning application. Mr X says the delay has caused him inconvenience and stress.

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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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. 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.

4. A person making an appeal to the Planning Inspector can also put in a claim for costs if they consider the authority has behaved unreasonably. The unreasonable behaviour can be either in relation to the planning decision itself or during the appeal process.
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered the information Mr X provided with his complaint. I also considered the information the Council provided. Mr X had the opportunity to comment on the draft version of this decision. I considered any comments received by Mr X before making a final decision.

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What I found

7. Mr X put in an application to the Council for planning permission to make changes to his property.
8. Most planning applications are decided within eight weeks unless they are unusually large or complex, it can take up to 13 weeks.
9. Mr X is unhappy with the length of time the Council is taking to provide a decision and says it has been significantly over the time limit. Mr X has been pursuing the matter with the Council regarding the delay. He also believes there has been a breach of confidentiality as officers of the Planning Team discussed Mr X’s application with the new architect before they had been appointed.
10. The matter has been stressful for Mr X and he believes he is being ignored. Mr X would like to be compensated by the Council for the stress and inconvenience it has caused him, as well as receiving an outcome on his application.
11. The Council explained to Mr X the reasons for the delay with his application and provided him with an apology. It also offered Mr X a refund on the outline planning application and a further amount for the delay and lack of communication in dealing with Mr X’s stage two complaint.
12. The Council looked into Mr X’s claim of breach in confidentiality with its Information Governance Team and considered there was no breach of data protection. This is because Mr X had submitted a planning application which can be viewed on the Council’s website by the public. Anyone can contact the planning team about applications that are on the Council’s website.
13. Mr X has exhausted the Council’s complaints procedure and is not satisfied with the outcome.

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Analysis

14. We will not start an investigation about the Council’s delay in delivering an outcome for Mr X’s planning application. This is because Mr X has the right to appeal to the Planning Inspector and it is reasonable for him to use his right of appeal. We do not normally investigate a complaint where someone has a right to appeal.
15. We will also not investigate the breach in data protection Mr X refers to. The Council and its Information Governance Team believed there was no breach of data protection and explained its reasons to Mr X. If Mr X is not satisfied with the Council’s response, he can contact the Information Commissioner’s Office (ICO). The ICO can specifically deal with complaints about personal data breaches therefore, it is the best placed body to consider this matter.

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Final decision

16. We will not investigate this complaint because Mr X has a right to appeal to the Planning Inspector. Mr X can also contact the ICO if he is not satisfied with the Council’s response regarding the alleged breach.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman