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 Ms X, has complained about how the Council has dealt with her planning applications. She says the Council is taking too long to determine her most recent application and has not kept her fully informed during the application process. Ms X says she has been treated differently to other people who have made similar applications in the area.

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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. 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 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 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.

6. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Town Councils. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

7. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

8. Ms X has raised concerns about how the Council dealt with her previous planning applications. However, she has already appealed to the Planning Inspector about the Council’s decisions to refuse these applications. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal did not address all the issues complained about.
9. Ms X has complained about how the Council has dealt with her recent application. She says there have been delays and the Council has not properly communicated with her. Ms X also says the Town Council has ignored previous comments by the Planning Inspector in its objection to her latest application. Ms X is concerned this will lead to planning permission being refused.
10. However, Ms X can appeal to the Planning Inspector for non-determination if she is unhappy with how long the Council is taking to assess her application. She can also appeal if the Council refuses planning permission. I consider it would be reasonable for Ms X to use her right of appeal and the Ombudsman will not usually consider a complaint when someone can appeal to the Planning Inspector.
11. Ms X has raised concerns about the Town Council, but the Ombudsman cannot investigate complaints about the actions of Town Councils.

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Final decision

12. We will not investigate Ms X’s complaint because she has the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman