Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications. 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 Mrs X, has complained about how the Council dealt with her planning applications. She says there have been delays and the Council imposed unreasonable conditions. Mrs X says she has been misled by the Council and will suffer financial losses as a result.

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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 Mrs X and the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X could have appealed to the Planning Inspector after eight weeks if she was unhappy with how long the Council was taking to determine her first planning application. She also could have appealed to the Inspector if she did not agree with the conditions placed on the planning permission. Mrs X can appeal if she does not agree with the Council’s decision to refuse her application for prior approval.
7. I understand Mrs X’s concerns relate to how the Council dealt with her applications. But the Council’s handling of the applications was related to the matters which could have been appealed and I consider it would have been reasonable for Mrs X to have used her appeal rights. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.

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Final decision

8. We will not investigate Mrs X’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