Summary: We will not investigate Mr B’s complaint about the Council’s refusal of his planning application. This is because it was reasonable for Mr B to put in an appeal to the Planning Inspector.

The complaint

1. The complainant, who I will refer to as Mr B, complains the Council wrongly refused his planning application for an extension to his home. Mr B says he needs additional space due to his disability. Mr B also says the Council has acted unfairly by allowing similar extensions in the area but refusing his application. Mr B says the Council has ignored his legitimate issues relating to his long term illness and disability. Mr B would like the Council to review its decision.

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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 Act 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), as amended)
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.

5. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

6. I considered information provided by Mr B.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr B had a right of appeal to the Planning Inspector against the Council’s refusal of his planning application. This was the appropriate route to challenge the Council’s decision. Unlike the Ombudsman, the Planning Inspector has the power to overturn the Council’s decision and grant planning permission.
9. I find it was reasonable for Mr B to put in an appeal to the Planning Inspector. The Council has told Mr B about his right of appeal. Mr B says he has never put in an appeal to the Planning Inspector and presumes it would need a solicitor. Mr B would not need a solicitor to put in an appeal, although a planning agent or architect could help with an appeal. Mr B could have also put in a claim for costs if he considered the Council had acted unreasonably and the appeal was avoidable.
10. So, we will not investigate Mr B’s complaint about the Council’s refusal of his planning application.
11. Mr B also complains that when he submitted his application on the planning portal submission system, there was no information to help disabled people or to allow a disabled person to provide information about their disability. The Council disputes this. But, in any case, the planning portal is a central government website. The Council is not responsible for the information provided on the planning portal planning application submission system. So, this is not a matter we can investigate.

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Final decision

12. We will not investigate Mr B’s complaint because it was reasonable for him to put in an appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman