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

The complaint

1. Mr X has complained about the Council’s decision to refuse his planning application. He has also complained about how the Council dealt with the application and says there were delays and it failed to properly communicate with 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 the Council’s decision to refuse his planning application. This is because he appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right.
8. I understand Mr X’s appeal was rejected by the Planning Inspector as it was late. But as Mr X started the appeal process, we cannot consider his complaint even if the appeal was not dealt with. Mr X says he was unable to appeal sooner due to health issues. However, Mr X would need to contact the Planning Inspector regarding his request for a late appeal.
9. Mr X has also complained about how long it took the Council to deal with his application. But 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 application. I consider it would have been reasonable for Mr X to have used his appeal right and the Ombudsman will not usually investigate when someone had a right of appeal.

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Final decision

10. We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman