Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector.

The complaint

1. The complainant, who I shall refer to as Mr X, has complained about how the Council dealt with his planning application. He has raised concerns about the service he received from the planning officers and says there were long delays before the application was determined. Mr X has also complained the Council suspended its pre-application advice service which prevented him from requesting advice before he made the application.
2. Mr X has also complained about how the Council dealt with his complaint.

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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. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
5. 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))
6. 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

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

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My assessment

8. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because he has appealed to the Planning Inspector about the Council’s decision. The Ombudsman cannot investigate matters where someone has already used their appeal right.
9. Mr X has raised many concerns about how the Council dealt with his planning application and says there were errors in the case officer’s report. But these matters are related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.
10. Mr X says the Council took too long to decide his application. But he could have appealed to the Inspector after eight weeks if he was unhappy with how long the Council was taking to determine his application. I consider it would have been reasonable for Mr X to have used his right to appeal and the Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector.
11. Mr X has also complained the Council’s pre-application advice service was suspended and he was therefore unable to request advice before making his application. But there is no duty for Council’s to provide pre-application advice.
12. Mr X has 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

13. We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman