Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant had the right to appeal to the Planning Inspector. The complainant has not suffered any significant injustice in relation to the remaining issues complained about.

The complaint

1. Mr X has complained about how the Council dealt with his planning application. He says the planning decision was rushed and he believes the outcome may have been incorrect. Mr X also says the Council shared confidential information and did not respond to correspondence from his architect.

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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 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.

5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement,

• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Mr X could have appealed to the Planning Inspector if he was unhappy with the Council’s decision to refuse his planning application.
8. Mr X has raised concerns about how the Council dealt with his planning application. But many of the issues raised are related to the planning decision which could have been appealed. I consider it would have been reasonable for Mr X to have used his right to appeal. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not have addressed all the issues complained about.
9. Mr X says the Council failed to respond to correspondence from his agent and disclosed confidential information to third parties. However, I do not consider any injustice suffered because of any alleged fault with how the Council communicated with Mr X and his agent significant enough to warrant an investigation by the Ombudsman. Mr X can complain to the Information Commisioner’s Office if he is unhappy with how the Council dealt with his personal information as this is the appropriate body to deal with these matters.

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Final decision

10. We will not investigate Mr X’s complaint because he had the right to appeal to the Planning Inspector. Mr X has not suffered significant injustice in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman