Summary: Mr X complains about the way the Council considered his planning application. We will not investigate this complaint as Mr X has a right to appeal to the Planning Inspectorate.

The complaint

1. The complainant, who I shall call Mr X, complains about the way the Council considered and then refused his retrospective planning application.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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))
4. 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

Back to top

How I considered this complaint

5. I considered the information provided by Mr X which includes the Council’s response to his complaint.

Back to top

What I found

6. The Council asked Mr X to put in a retrospective planning application for work he carried out at his property.
7. He says the Council refused the application without giving him the opportunity to repudiate what he says was a biased and slanderous objection from a neighbour.
8. The matter has been stressful for Mr X and he believes the Council has been biased against him from the start. He wants the opportunity to put his case to the planning and conservation officers. And for the Council to reconsider his application without further costs.
9. Mr X has the right to appeal to the Planning Inspector about the Council’s decision to refuse his application.
10. 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.

Back to top

Final decision

11. I will not investigate this complaint. Mr X has the right to appeal to the Planning Inspector against the Council’s decision to refuse his application and it is reasonable for him to use his right of appeal.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman