The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council’s refusal of his planning application. This is because it was reasonable for Mr B to put in an appeal to the Planning Inspector.
The complaint
Mr B complains the Council wrongly refused his planning application. Mr B would like the Council to re-assess his application.
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 Act 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) The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about a decision to refuse planning permission.
How I considered this complaint
I considered information provided by Mr B and planning records on the Council’s website.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B had a right of appeal to the Planning Inspector against the Council’s decision to refuse his planning application. This is the process set out in law for a planning applicant to challenge a planning decision and we generally expect it to be used. The Planning Inspector is independent and has the power to overturn a decision to refuse planning permission.
I find it was reasonable for Mr B to put in an appeal to the Planning Inspector. The Council’s decision notice told Mr B about this right of appeal. Mr B says he was unwell during this period. But, his planning agent could have put in an appeal on his behalf.
Mr B had six months to put in an appeal and the Council’s planning records show he wrote to the Council during this period. Also, Mr B could have asked the Planning Inspector for a time extension if needed.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it was reasonable for him to put in an appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman