Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has the right to appeal to the Planning Inspector.

The complaint

1. Mr X has complained about how the Council dealt with his planning application. He says there were delays and the Council failed to apply the relevant planning policies or take account of material planning considerations. Mr X also says the Council did not engage with him and did not properly explain its reasons for refusing planning permission.

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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 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)
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.

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How I considered this complaint

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

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My assessment

6. Mr X can appeal to the Planning Inspector if he is unhappy with the Council’s decision to refuse planning permission. He also could have appealed to the Inspector after eight weeks if he was unhappy with how long the Council was taking to determine his application.
7. Mr X has also raised many concerns about how the Council dealt with his application. But these matters are related to the planning decision which can be appealed, and I consider it would be reasonable for Mr X to use his right to appeal. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal will not address all the issues complained about.
8. Mr X has complained about the Council’s complaint handling. 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

9. We will not investigate Mr X’s complaint because he has the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman