Summary: We will not investigate Mr X’s complaint about the way the Council processed and decided his planning application. This is because it was or would be reasonable for Mr X to appeal the matter to the Planning Inspectorate.

The complaint

1. Mr X complains the Council, when processing his planning application, failed to:
1. notify his agent that his planning application would be considered and decided by the planning committee;
2. give him or his planning agent adequate notice of that committee hearing.

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 (PINS) acts on behalf of the responsible Government minister. The PINS 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 information provided by Mr X, and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X applied for planning permission from the Council in 2021. A Councillor ‘called in’ the application, which meant the Council put the application to its planning committee to consider and determine it. Mr X says the Council not telling him or his agent that his application was going to the committee, and not giving adequate notice of the hearing, meant he lost the opportunity to make representations before and at the planning committee.
7. If Mr X believed the Council’s planning decision was wrong for some reason, it would be reasonable for him to use or to have used his right of appeal to the Planning Inspectorate (PINS). This includes where an applicant believes a council has followed a somehow flawed or unfair planning process to reach its decision, as Mr X alleges here.
8. The PINS, which acts on behalf of the Secretary of State, is the process put in place by national government to deal with disputed council planning decisions. It can reach its own independent decision on planning proposals. It looks afresh at all appeals received, as if there has been no prior involvement from a local planning authority. Mr X can achieve or could have achieved the reassessment of his application by proceeding with his application through to a PINS appeal.

Back to top

Final decision

9. We will not investigate this complaint. This is because it would be or would have been reasonable for Mr X to use his right of appeal to the PINS.

Back to top

Investigator's decision on behalf of the Ombudsman