Summary: We will not investigate this complaint about a planning application. This is because it is reasonable to expect the complainant to appeal to the Planning Inspectorate.

The complaint

1. Mr X is unhappy with the decision of the Councils planning committee who refused his planning application. He says one Councillor acted with predetermination and bias and influenced the committee’s decision.

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The Ombudsman’s role and powers

2. 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))
3. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about a decision to refuse planning permission.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied for planning permission. The members of the planning committee refused the application.
7. Mr X says one Councillor acted with predetermination and bias and influenced the committee’s decision. The Councils Deputy Monitoring Officer conducted an internal review with the Independent Person and determined no further action was required. We would not investigate this matter.
8. There is a right of appeal to the Planning Inspectorate about a decision to refuse planning permission. It is reasonable to expect Mr X to appeal.

Final decision

9. We should not investigate this complaint. This is because it is reasonable for Mr X to appeal to the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman