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

The complaint

1. Dr B has complained about how the Council has dealt with his retrospective planning application. He says the Council pre-judged the application and told him permission would likely be refused before seeing any of the supporting information. Dr B says he has been treated unfairly and forced to apply for planning permission without any explanation. Dr B says his application has received significant public support and there are examples of similar developments in the area.

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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.

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How I considered this complaint

5. I considered information provided by Dr B and the Ombudsman’s Assessment Code.

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My assessment

6. Dr B can appeal to the Planning Inspector if he is unhappy with the Council’s decision to refuse his planning application. He can also appeal if the Council decides to take enforcement action against him.
7. Dr B has raised many concerns about how the Council dealt with the application. But these matters are related to the planning decision which can be appealed. I consider it would be reasonable for Dr B to use his right to appeal. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.
8. Dr B says he has been treated unfairly by the Council and was forced to apply for planning permission without any explanation. But it is not unusual for councils to invite someone to make a retrospective application to regularise a development and I have not seen sufficient evidence to show Dr B was treated unfairly. Dr B could also have chosen not to apply for retrospective permission for the development and appealed if the Council then served an enforcement notice.

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Final decision

9. We will not investigate Dr B’s complaint because he has the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman