Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications. This is because the complainant had the right to appeal to the Planning Inspector.

The complaint

1. Mr X has complained about how the Council has dealt with his planning applications.

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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)
5. 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

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because he 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.
8. Mr X also could have chosen not to withdraw his first application and appealed to the Inspector if the Council refused planning permission. I consider it would have been reasonable for Mr X to have used his right to appeal.
9. Mr X’s complaint also relates to how the applications were handled by the Council. But how the Council dealt with the applications is related to matters which have been, or could have 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.
10. Mr X has 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

11. We will not investigate Mr X’s complaint because he had the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman