Dorset Council (22 002 560)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 29 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has the right to appeal to the Planning Inspector.
The complaint
- 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 used selective and unsupported information to determine his application. He also says the Council failed to properly understand his plans and there were long delays and a lack of engagement.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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))
- 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.
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- Mr X can appeal to the Planning Inspector if he is unhappy with the Council’s decision to refuse his planning application. He also could have appealed to the Inspector after eight weeks if he was unhappy with how long the Council was taking to determine his application.
- Mr X has raised many concerns about how the Council dealt with his application. But these matters are related to the planning decision which can be appealed. 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.
Final decision
- We will not investigate Mr X’s complaint because it would be reasonable for him to use his right of appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman