Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant can 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’s reasons for refusing the application are inconsistent with other similar developments in the area that have been approved.

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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 can appeal to the Planning Inspector if he is unhappy with the Council’s decision to refuse planning permission. I consider it would be reasonable for Mr X to use his right to appeal. 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.

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Final decision

7. We will not investigate Mr X’s complaint because he can appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman