Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant had 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 application. Mr X says the Council did not give him the opportunity to amend his plans before permission was refused and did not properly communicate with him. Mr X says he has been caused stress and incurred unnecessary costs because of the Council’s actions.

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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 Ombudsman’s Assessment Code.

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My assessment

6. Mr X could have appealed to the Planning Inspector against the Council’s decision to refuse his planning application.
7. I understand Mr X has raised concerns about how the Council dealt with his application and says it should have known early in the application process the proposal would not be acceptable. He says it did not allow him to amend the plans and failed to discuss the merits of the application with him. However, these matters are related to the planning decision which could have been appealed. I consider it would have been reasonable for Mr X to have used his right to appeal. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not have addressed all the issues complained about. Mr X also could have used the Council’s pre-application advice service if he wanted guidance on the proposed development.

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Final decision

8. We will not investigate Mr X’s complaint because it would have been reasonable for him to have used his right of appeal to the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman