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

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council has dealt with his planning application. He says it will not validate his application unless he provides additional information. Mr X says the information the Council has requested is unnecessary and it has failed to properly communicate with him.

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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 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 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 Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says the Council has asked him to provide unreasonable information to validate his application. But it is not for the Ombudsman to decide if a planning application is valid or whether the information the Council has asked for is reasonable. If Mr X does not think the information the Council has requested is necessary, he can send the Council a notice explaining why under Article 12 of the Town and Country Planning (Development Management Procedure)(England) Order 2015. The Council can then serve a non-validation notice if it continues to believe the information is needed.
8. After the relevant time has passed without the Council granting or refusing the planning application, Mr X can appeal to the Planning Inspector for non-determination of the application. Mr X can also make a claim for costs if he believes the Council has acted unreasonably.
9. I consider it would be reasonable for Mr X to use his right to appeal. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.

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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 Inspectorate.

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Investigator's decision on behalf of the Ombudsman