South Hams District Council (21 002 802)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 08 Jul 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s interpretation of its local planning policies. This is because Mrs X could appeal to the Planning Inspector if she disagreed with the Council’s view.
The complaint
- Mrs X complains she had to resubmit her planning application after the Council gave her incorrect advice about its local planning policies. Mrs X says incurred additional fees from her planning consultant as a result.
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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
- If Mrs X believed the Council’s interpretation of its local planning policies were incorrect it was open to her to proceed with her original application and then appeal to the Planning Inspector if the Council did not grant planning permission. Mrs X had a planning consultant assisting with her application so I can see no reason why she could not have pursued an appeal. It was Mrs X’s choice to resubmit her application in line with the Council’s suggested amendments. Therefore, we cannot investigate this complaint.
Final decision
- We will not investigate Mr X’s complaint because Mrs X had a right of appeal to a government minister. In this case the Planning Inspector. There is no reason why she could not exercise her right of appeal.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman