Summary: We will not investigate this complaint about the Council’s decisions on planning applications. We will not investigate this complaint because she has used her right of appeal to a Planning Inspector (and can continue to do so).

The complaint

1. Ms X complains about the way the Council has considered her planning applications.

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The Ombudsman’s role and powers

2. 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))
3. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X says that she has made a series of planning applications which she has had to appeal (successfully) to the Planning Inspector. She says that the Council has recently refused a planning application from her.
8. Any dispute about the merit of a planning application can be appealed to a Planning Inspector. The Planning Inspectorate is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.

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Investigator's decision on behalf of the Ombudsman