Bolton Metropolitan Borough Council (21 002 724)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 19 Jul 2021
The Ombudsman's final decision:
Summary: Ms X complains of inconsistency by the Council in the way they dealt with her planning application. We will not investigate this complaint because she could appeal to a Planning Inspector.
The complaint
- Ms X complains of inconsistency by the Council in the way they dealt with her 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
- a planning enforcement notice.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainant has had an opportunity to comment on my draft decision.
My assessment
- Ms X made a planning application for an extension to her house. The Council advised that the planning application would be unacceptable unless she reduced the size of the proposed extension. Ms X altered her plans and the planning application was granted.
- Ms X says that her neighbour obtained planning permission for an extension similar to her original plans which she says is inconsistent. The Council says that the neighbouring extension, whilst slightly bigger than normally allowed, was not so big as to warrant refusal.
- The Ombudsman would not investigate a complaint about the merit of a planning application as there is a right of appeal to a Planning Inspector. Ms X could have pursued her original proposed plans and, if refused, could have appealed to a Planning Inspector.
Final decision
- I do not intend to investigate this complaint because he could, ultimately, have appealed to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman