Buckinghamshire Council (23 000 264)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 11 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainant had the right to appeal to the Planning Inspector.
The complaint
- Mr X has complained on behalf of a charity organisation about how the Council dealt with its planning application. Mr X does not agree with the Council’s decision to refuse planning permission and says the proper processes were not followed. Mr X also says the Council took too long to determine the application.
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
- An appeal could have been made to the Planning Inspector if the applicant disagreed with the Council’s decision to refuse planning permission. An appeal also could have been made after eight weeks if the applicant was unhappy with how long the Council was taking to determine the application.
- I consider it would have been reasonable for the applicant to have used this appeal right. 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.
Final decision
- We will not investigate this complaint because the applicant had the right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman