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. Mr X has complained about how the Council dealt with his planning application. He says the correct procedures were not followed and the application should have been referred to the Council’s planning committee for determination. Mr X says he has been caused stress and suffered financial losses 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. 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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. Mr X can appeal to the Planning Inspector if he is unhappy with the Council’s decision to refuse his planning application. I consider it would be reasonable for Mr X 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 will not address all the issues complained about.
7. Mr X has raised concerns about how the Council dealt with his application. But we must consider the personal injustice that may have arisen as a direct result of the alleged fault. The substantive injustice in this case is that the Council refused Mr X’s application. I consider it unlikely that Mr X would have raised his concerns with us if his application had been approved. Mr X can seek a remedy for this substantive injustice by appealing to the Planning Inspector against the Council’s decision.

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Final decision

8. We will not investigate Mr X’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