Stockport Metropolitan Borough Council (23 007 078)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 17 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council has dealt with the complainant’s planning applications. This is because the complainant had the right to appeal to the Planning Inspector.
The complaint
- The complainant, whom I shall refer to as Mr X, has complained about how the Council has dealt with his planning applications. He says there have been long delays, he has been given contradictory advice and officers have failed to properly communicate with him. Mr X says he has been caused stress and will incur additional costs because of the Council’s actions.
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), as amended)
- 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
- Mr X could have appealed to the Planning Inspector after eight weeks if he was unhappy with how long the Council was taking to determine his applications. Mr X can also appeal to the Inspector if he feels the Council is taking too long to deal with his application that is currently pending.
- I understand Mr X has raised many concerns about how the Council dealt with his applications. But these issues are related to the matter that could have been appealed. 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.
Final decision
- We will not investigate Mr X’s complaint because he had the right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman