Daventry District Council (20 002 243)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 14 Sep 2020
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council dealt with his planning application. The Ombudsman will not investigate this complaint because he could appeal to a Planning Inspector.
The complaint
- Mr X complains about the way the Council dealt with his planning application.
The Ombudsman’s role and powers
- 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.
How I considered this complaint
- I have considered the complainant’s comments and the Council’s responses to his complaint. Mr X has commented on the draft decision.
What I found
- Mr X made a planning application in 2020 which was considered by a Planning Committee in May 2020. Mr X is unhappy with the way the Planning Committee considered the planning application.
- Any decision of the Council about a planning application can be appealed to a Planning Inspector. I see no reason why such an appeal could not be carried out. The complaint is therefore out of jurisdiction.
Final decision
- I will not investigate this complaint because the complainant could appeal to a Planning Inspector.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman