Summary: We will not investigate this complaint about how the Council handled his planning application. Mr X has an alternative remedy available to him via appeal to the Planning Inspectorate, and it is reasonable to expect him to use it.

The complaint

1. Mr X complained the Council’s decision to reject his planning application was wrong and did not properly consider all the information.
2. Mr X said the Council’s flawed decision means he faces paying for an appeal which is unnecessary.
3. Mr X wants the Council to revoke its decision and properly consider the planning application.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about a decision to refuse planning permission.
7. 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

8. I considered information provided by Mr X.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Mr X complained about the Council’s consideration of and subsequent refusal of his planning application. Mr X’s views on the reasons for the refusal are inseparable from the application itself.
11. We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
12. When a planning application is refused the appeal right to the Planning Inspector is set out in law. The Planning Inspector has powers to reconsider applications and overturn the original decision where appropriate.
13. We will not investigate this complaint. Mr X has an alternative appeal right to the Planning Inspector and it is reasonable to expect him to use it.
14. Additionally, we cannot achieve the outcome Mr X wants. We cannot direct the Council to reconsider Mr X’s planning application.

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Final decision

15. We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman