Summary: We will not investigate Mr X’s complaint about the Council’s planning process and decision when dealing with his application. Mr X had a right of appeal against the Council’s planning decision to the Planning Inspectorate, which it would have been reasonable for him to use.

The complaint

1. Mr X is a planning applicant. He complains the Council failed to properly follow its consultation process when dealing with his application and that there were contradictory deadline dates on the site notice and online.

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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 Inspectorate acts on behalf of the responsible Government minister. The Inspectorate 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 from Mr X, relevant online planning documents and the Ombudsman’s Assessment Code.

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My assessment

6. Mr X had rights of appeal to the Planning Inspectorate as a planning applicant. That is the appeal process, provided by national government, for applicants aggrieved at a planning authority’s decision and who want to challenge it. The Council’s planning decision notice told him of his appeal rights and how he could use them. It was not unreasonable for him to have used this appeal process to pursue the planning permission he seeks. If Mr X believed any part of the Council’s planning process had a bearing on its refusal decision, including the matters raised in his complaint, he could have raised them in a Planning Inspectorate appeal. If he also considered the Council acted unreasonably during its planning process and as a result he incurred avoidable losses, he may have made a claim for costs as part of an appeal.

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Final decision

7. We will not investigate Mr X’s complaint because he had a right of appeal against the Council’s planning decision to the Planning Inspectorate which it would not have been unreasonable for him to use.

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Investigator's decision on behalf of the Ombudsman