Summary: Mr X complains about the Council’s refusal of his planning application. We will not investigate this complaint because he can appeal to a Planning Inspector.

The complaint

1. Mr X complains about the Council’s refusal of his planning application.

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The Ombudsman’s role and powers

2. 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))
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.

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How I considered this complaint

4. I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

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What I found

5. Mr X says the Council delayed determining his planning application and acted in a biased way to support an alternative scheme.
6. Any dispute about the merit of a planning application (or delay in the determination) can be appealed to a Planning Inspector. The Planning Inspectorate is an expert body and their decisions are binding on the Council. Mr X can claim costs from the Planning Inspector if he can show the Council acted unreasonably. I see no reason why an appeal could not be made in this case.

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Final decision

7. I do not intend to investigate this complaint because he could appeal to a Planning Inspector.
    

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Investigator's decision on behalf of the Ombudsman