Summary: We will not investigate this complaint about the Council’s refusal of Mr B’s planning applications. This is because it was reasonable for Mr B to appeal to the planning inspector.

The complaint

1. The complainant, who I will refer to as Mr B, complains that since 1994 the Council has refused his planning applications to extend his house. Mr B says the Council is treating him unfairly because it has allowed similar extensions to nearby properties. Mr B says this has caused his family considerable stress and they have spent a lot of money trying to get planning permission. Mr B would like the Council to treat him fairly and grant planning permission for the extensions he has applied for.

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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 Act 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. We cannot investigate a complaint if someone has already appealed to a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
5. 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

6. I considered information provided by Mr B.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. For each planning application the Council has refused, Mr B had a right of appeal to the planning inspector. I find it was reasonable for Mr B to use this right of appeal. The planning inspector has the power to overturn the decision of a local planning authority and grant planning permission.
9. The information also suggests that for some applications Mr B has used this right of appeal to the planning inspector. Where Mr B has used his right of appeal, we have no discretion to investigate.

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Final decision

10. We will not investigate Mr B’s complaint because it was reasonable for Mr B to appeal to the planning inspector.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman