The Ombudsman's final decision
Summary: We will not investigate this complaint about a planning refusal because an appeal to the Planning Inspector has been used.
The complaint
Mr X made a planning application for an extension which was refused. Mr X appealed to the Planning Inspector.
The Ombudsman’s role and powers
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) We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X submitted a planning application for an extension with help from an agent. The Council refused the planning application and Mr X appealed to the Planning Inspector. Mr X says that the Council did not communicate properly with him and took too long to determine the matter.
The Council says that they communicated with the agent as Mr X did not specify that he wanted direct discussions with the Council. The Council points out that a pre planning application advice service is offered but was not in this case taken up.
Mr X’s appeal to the Planning Inspector means that the complaint is out of jurisdiction and so the Ombudsman cannot investigate this matter. Any complaint about delay could also have been appealed to a Planning Inspector.
Final decision
We will not investigate Mr X’s complaint because he appealed to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman