Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant had 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 how the Council dealt with his planning application. He says there were delays, the Council requested unnecessary information and it failed to properly communicate with him.

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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 could have appealed to the Planning Inspector for non-determination if he was unhappy with how long the Council was taking to decide his application. He also could have chosen not to provide additional information if he did not believe this was necessary and appealed to the Inspector if the Council decided to refuse planning permission.
8. 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 has a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.
9. Mr X has also complained about how the Council communicated with him and says it did not respond to correspondence. However, I do not consider the injustice suffered because of any fault with how the Council communicated with Mr X significant enough to warrant an investigation by the Ombudsman.

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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. Mr X has not suffered significant injustice because of the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman