Summary: The Ombudsman will not investigate Mr X’s complaint about the way the Council refused his application for planning permission to develop his land. Mr X had the right of appeal to the Planning Inspectorate, an appeal right it was not unreasonable for him to have used. The Ombudsman will not investigate Mr X’s complaints about the Council’s internal complaints process in isolation.

The complaint

1. Mr X owns land next to a river. He sought planning permission from the Council to repair and restore collapsed structures on the land. The Council refused the permission and Mr X complained to the Council.
2. Mr X complains to the Ombudsman that the Council:
1. has not dealt fairly with his planning application;
2. misrepresented his application at a planning committee hearing;
3. conducted the planning committee in an unfair way;
4. failed to properly respond to his complaint.
3. Mr X says the Council’s decision to refuse the planning permission means he may lose access to his property. He wants the Council to grant him the relevant planning permission.

Back to top

The Ombudsman’s role and powers

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))
5. The Planning Inspectorate (PINS) acts on behalf of the responsible Government minister. The PINS 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.

Back to top

How I considered this complaint

6. As part of my assessment I have:
• considered the complaint and the documents provided by Mr X;
• considered relevant online planning documents;
• issued a draft decision, inviting Mr X to reply.

Back to top

What I found

7. As a planning applicant, Mr X had the right of appeal to the PINS against the Council’s refusal decision. Where someone has a right of appeal against a council decision, the Ombudsman will not normally investigate, unless it would have been unreasonable to expect them to have used their appeal.
8. The Ombudsman will not investigate Mr X’s complaint because:
• the Council’s decision notice advised Mr X of his appeal right, and gave a further reminder of it during its complaint process, so Mr X was made aware of his appeal right by the Council;
• there is not enough evidence to demonstrate Mr X could not have exercised his appeal right to the PINS instead of making a complaint to the Council;
• the PINS is the national body created to consider planning decision appeals on behalf of the minister, so it is the body best placed to consider those appeals;
• the PINS appeal provided the appropriate route for Mr X to pursue the key outcome he seeks, to receive the planning permission to develop his land. The PINS holds the power to grant planning permission on appeal.
9. For these reasons, I consider it would not have been unreasonable for Mr X to use his PINS appeal. Therefore, the Ombudsman will not investigate.
10. I realise Mr X is concerned about the way he says the Council dealt with his application. He considers the Council misrepresented his application and discriminated against it. But Mr X could have raised any procedural concerns as part of his PINS appeal if he believed they affected the Council’s planning decision for his application. It would then have been for the PINS appeal to consider the application afresh.
11. I note Mr X complains about the way the Council dealt with his complaint. The Ombudsman will not investigate a council’s internal complaint process in isolation, when he does not intend to also investigate the core issue which gave rise to the complaint. That limitation applies here, so I will not investigate this part of Mr X’s complaint.

Back to top

Final decision

12. The Ombudsman will not investigate this complaint. This is because:
• Mr X had a right of appeal against the Council’s decision to the PINS;
• it was reasonable for Mr X to have used that PINS appeal right;
• the PINS appeal was the route through which Mr X could pursue the outcome he wants, the grant of planning permission;
• the Ombudsman will not investigate the Council’s internal complaint process in isolation, as he does not intend to investigate the core issue giving rise to the complaint

Back to top

Investigator's decision on behalf of the Ombudsman