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

The complaint

1. Mr X has complained about the planning advice he received from the Council and says it ignored the evidence he provided.

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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. 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 disagrees with the planning advice he received from the Council. But the best way to test the advice is to apply for planning permission. I understand Mr X has now made an application. If the Council refuses permission for the development Mr X will have the right to appeal to the Planning Inspector. I consider it would be reasonable for Mr X to use his appeal right and the Ombudsman will not usually investigate when someone has the right to appeal.
8. Mr X has also complained the Council failed to respond to his correspondence. However, I do not consider the injustice suffered because of how the Council communicated with Mr X significant enough to warrant an investigation by the Ombudsman.

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Final decision

9. We will not investigate Mr X’s complaint because he has a 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