Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has appealed, or could have appealed, to the Planning Inspector.

The complaint

1. Ms X has complained about how the Council dealt with her planning application. She says it took the Council too long to determine her application, it asked for unnecessary information and the planning decision notice and case officer’s report contained errors. Ms X says she has been caused stress and incurred costs because of the Council’s actions.

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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)

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How I considered this complaint

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

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My assessment

6. The Ombudsman cannot investigate Ms X’s complaint about the Council’s decision to refuse her planning application. This is because she has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right. Ms X also could have appealed to the Inspector for non-determination if she was unhappy with how long it was taking the Council to decide her application. I consider it would have been reasonable for Ms X to have used her right to appeal and the Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector.
7. Ms X has complained about how the application was handled by the Council. She says there were errors in the case officer’s report and the reasons given for refusing the application were incorrect. However, these matters are related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about. Ms X also could have chosen not to provide the additional information requested by the Council if she felt it was not needed and appealed to the Inspector if the application was refused as a result.
8. Ms X has also 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 Ms X’s complaint because she had the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman