Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications. This is because the complainant has the right to appeal to the Planning Inspector.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning applications. Mr X says there were delays and the Council failed to consult him before refusing one of his applications. Mr X believes he has been disadvantaged and discriminated against because he has made previous complaints to the Council.
2. Mr X has also complained about how the Council dealt with his complaint.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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))
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 X and the Ombudsman’s Assessment Code.

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My assessment

7. Mr X can appeal to the Planning Inspector if he is unhappy with the Council’s decision to refuse planning permission. He also could have appealed to the Inspector after eight weeks if he was unhappy with how long the Council took to determine his previous applications.
8. Mr X says he could have amended the application had the case officer properly engaged with him before refusing planning permission. He also says the case officer’s report included incorrect information. However, these matters are related to the planning decision which can be appealed. I understand Mr X says it will be too time consuming to appeal. But the appeals process, provided by government, is the appropriate route for applicants if they are unhappy with a council’s planning decision. I consider it would be reasonable for Mr X to use his right of appeal. The Ombudsman will not usually investigate when someone has a right to appeal, even if the appeal would not address all the issues complained about.
9. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the main issues complained about, we will not usually use public resources to consider more minor issues such as complaint handling.

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Final decision

10. We will not investigate Mr X’s complaint because it would be reasonable for him to use his right of appeal to the Planning inspector.

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Investigator's decision on behalf of the Ombudsman