The Ombudsman's final decision
Summary: We will not investigate this complaint about planning applications because there is a right of appeal to a Planning Inspector.
The complaint
Ms X complains that the Council has refused two planning applications she submitted and has failed to give advice to enable her to make a successful planning application,
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) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that the Council refused two planning applications she submitted. She says that the Council has failed to provide further advice as to how to make a successful planning application.
Any decision to refuse a planning application can be appealed to a Planning Inspector. The Planning Inspectorate is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
The Council says that they considered the second planning application to be similar to the first and so no further advice was provided. Nevertheless, the Council provides a paid pre planning application advice service which Ms X can access if she wishes to pursue this.
Final decision
We will not investigate Ms X’s complaint because there was a right of appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman