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. Mr X has complained about how the Council has dealt with his planning applications. He says there have been delays, the Council dealt with the applications inconsistently and it disregarded the evidence he provided.

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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. Mr X appealed to the Planning Inspector against the Council’s decision to refuse some of his applications. The Council’s handling of these applications is related to the appeals and the Ombudsman cannot investigate matters where someone has already used their appeal right.
8. I also consider it would have been reasonable for Mr X to have used his right of appeal if he disagreed with the Council’s decision to refuse his other applications or if he was unhappy with how long the Council took to determine the applications. 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.
9. If Mr X was concerned the Council failed to validate his applications without good reason it would have been reasonable for him to serve notice on the Council under Article 12 of the Town and Country Planning (Development Management Procedure) (England) Order 2015. If the Council had then issued a non-validation notice or failed to reply, Mr X could have appealed to the Planning Inspector.
10. Mr X has also complained about how the Council dealt with his complaint. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

11. 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