Summary: We will not investigate this complaint about a planning appeal because he appealed to a Planning Inspector and there is no evidence of fault by the Council.

The complaint

1. Mr X complains that the Council did not properly advise him of his appeal rights to a Planning Inspector and so his appeal was late.

Back to top

The Ombudsman’s role and powers

2. 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)
3. 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.

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X submitted a planning application for an extension in 2023. The Council refused the planning application. Mr X says that they did not tell him of his appeal rights and so his appeal, which he made in March 2024, was deemed late and void.
7. The planning decision sent to Mr X provided details of his appeal rights together with email addresses for the Planning Inspector and the Council. It also provided links to webpages explaining the appeal process.
8. I am satisfied that the Council acted without fault in providing this information. Further, the Ombudsman cannot investigate any complaint made about a planning matter which has been appealed to a Planning Inspector.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because he appealed to a Planning Inspector and there is no fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman