The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainant had the right to appeal to the Planning Inspector.
The complaint
Ms X has complained about how the Council dealt with her planning application. Ms X says there were delays and the planning decision was based on inaccurate information.
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), 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 Ms X and the Ombudsman’s Assessment Code.
My assessment
Ms X could have appealed to the Planning Inspector if she was unhappy with the Council’s decision to refuse planning permission. She also could have appealed to the Inspector for non-determination if she was unhappy with how long the Council was taking to decide her application.
Ms X says the planning decision was based on inaccurate information. But the Council’s assessment of the development is related to the planning decision which could have been appealed, and I consider it would have been reasonable for Ms X to have used her right to appeal. The Ombudsman will not usually investigate when someone had 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 Ms X’s complaint because she had the right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman