Summary: We will not investigate this complaint about how the Council dealt with the Complainant’s planning applications or possible breaches of planning control. This is because the complainant could have appealed to the Planning Inspector.

The complaint

1. Mr X has complained on behalf of Ms Y about how the Council has dealt with Ms Y’s applications to discharge planning conditions. Mr X says there have been delays by the Council and unnecessary information was requested. Mr X also says the Council failed to engage with and act upon information. Mr X says Ms Y incurred additional costs and suffered distress because of the Council’s actions.
2. Mr X has also complained about how the Council investigated possible breaches of planning control.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. Ms Y could have appealed to the Planning Inspector if she was unhappy with the Council’s decisions to refuse her applications. She also could have appealed to the Inspector after eight weeks if she was unhappy with how long the Council was taking to determine the applications.
8. Mr X has raised concerns about the information requested by the Council and how the information provided with the applications was dealt with. But these issues are related to the matters which could have been appealed. I consider it would have been reasonable for Ms Y to have used her 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.
9. Mr X has complained about the Council’s enforcement investigations and says it has been overzealous. However, the Council needs to investigate possible breaches of planning control and decide if enforcement action is necessary. Ms Y will have the right to appeal if the Council decides to take formal action and serves an enforcement notice.
10. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

11. We will not investigate Ms Y’s complaint because she had the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman