The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant can appeal to the Planning Inspector.
The complaint
The complainant, whom I shall refer to as Miss X, has complained about how the Council dealt with her planning application. She says the Council took too long to determine her application and did not give her the opportunity to submit further information before refusing planning permission. Miss X says she has been caused significant stress and suffered financial losses because of the Council’s actions.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)) 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.
How I considered this complaint
I considered information provided by Miss X and the Ombudsman’s Assessment Code.
My assessment
Miss X can appeal to the Planning Inspector if she disagrees with the Council’s decision to refuse planning permission. She also could have appealed to the Inspector after eight weeks if she was unhappy with how long the Council was taking to determine her application.
Miss X says she received poor service from the planning department and the case officer did not give her enough time to provide additional information to support her application. But these matters are related to the planning decision which can be appealed, and I consider it would be reasonable for Miss X to use her right to appeal. As part of any appeal, Miss X can also submit an application for costs she claims she has incurred due to unreasonable actions by the Council leading up to its planning decision.
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.
Final decision
We will not investigate Miss X’s complaint because she has the right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman