Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications. This is because the complainant has appealed, or could have appealed, 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 applications. He says there have been long delays and the Council has failed to properly communicate with him. Mr X says he has been caused significant stress by the matter. He says the Council should determine his application and compensate him.

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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. 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)
4. 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), as amended)
5. 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

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

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My assessment

7. The Ombudsman cannot investigate Mr X’s complaint about how the Council dealt with his first planning application. This is because he appealed to the Planning Inspector for non-determination and the Ombudsman cannot investigate matters when someone has already used their appeal right.
8. Mr X also could have appealed to the Inspector if he was unhappy with how long it was taking the Council to determine his second application. I consider it would have been reasonable for Mr X to have used his right to appeal. 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.

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Final decision

9. We will not investigate Mr X’s complaint because he has appealed, or could have appealed, to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman