Summary: We will not investigate this complaint about how the Council dealt with a planning application. 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 application. He says there have been delays and a lack of engagement from the case officer. Mr X says the Council’s actions have caused financial strain and impacted his health.

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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 could have appealed to the Planning Inspector if he was unhappy with how long the Council was taking to determine his application. 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.

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Final decision

7. 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