Summary: We will not investigate this complaint about how the Council dealt with a planning application and breaches of planning control. 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 dealt with his planning application and its decision to refuse planning permission. Mr X says he was given conflicting advice and asked to provide significant information. Mr X believes the case officer was biased and pre-determined the application. Mr X has also complained about how the Council dealt with breaches of planning control and says its enforcement cases are based on poor record keeping and lack of due diligence.

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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 there is another body better placed to consider this complaint. (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 could have appealed to the Planning Inspector if he was unhappy with the Council’s decision to refuse planning permission. He also could appeal to the Planning Inspector if the Council decides to take formal enforcement action against him.
8. Mr X has raised many concerns about how the planning application was dealt with. But the issues he has raised are related to the planning decision which could have been appealed. 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, even if the appeal would not address all the issues complained about.
9. Mr X has complained about how the Council dealt with his request for information. However, Mr X can complain to the Information Commissioner’s office if he is concerned about how the Council dealt with his request as this is the appropriate body to consider complaints about this matter.

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Final decision

10. 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