Summary: We will not investigate this complaint about how the Council handled the complainant’s planning application. This is because it would be reasonable to expect him to use his right of appeal to the Planning Inspectorate.

The complaint

1. The complainant, Mr X, complained about how the Council handled his planning application.

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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 the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X told us the Council referred his planning application to a planning committee meeting. He said the report had an error which he brought to attention of the planning officer two days before the meeting. Mr X said the planning officer amended the report but the officer did not inform all members of the planning committee. He said the incorrect form was circulated in the meeting and the Council refused his application. Mr X feels the error affected his application and wants the Council to reconsider it.
8. The Council considered Mr X’s complaint. It said it confirmed the erroneous paragraph to members during the meeting and said it should be disregarded. It said it considered the relevant policies when making its decision. It advised Mr X the most appropriate course of action would be to appeal the refusal of consent to the Planning Inspectorate.
9. We will not usually investigate when someone has a right to appeal to the Planning Inspectorate even if an appeal would not remedy all of the injustice claimed. I consider it would not be unreasonable to expect Mr X to use his right to appeal. This is because this is the method the law provides for planning applicants to use if they disagree with a council decision on their planning application.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman