Peak District National Park Authority (23 013 031)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 07 Dec 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Authority dealt with the complainant’s planning application. This is because the complainant can appeal to the Planning Inspector.
The complaint
- Ms X has complained about how the Authority dealt with her planning application. She says the Authority encouraged her to make an application even though it should have known it would not grant permission. Ms X also says the Authority failed to properly consider her application and the proper procedures were not followed.
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 Ms X and the Ombudsman’s Assessment Code.
My assessment
- Ms X can appeal to the Planning Inspector if she is unhappy with the Authority’s decision to refuse her planning application. She also could have chosen not to apply for planning permission and appealed to the Inspector if the Authority decided to take enforcement action against her.
- Ms X has raised many concerns about how the Authority dealt with her application. But the Authority’s handling of the application is related to the planning decision which can be appealed. I consider it reasonable for Ms X to use her right to appeal and the Ombudsman will not usually investigate when someone has the right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.
Final decision
- We will not investigate Ms X’s complaint because she has the right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman