Richmondshire District Council (20 012 529)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 31 Mar 2021
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s refusal of his planning application. We will not investigate this complaint because he can appeal to a Planning Inspector.
The complaint
- Mr X complains about the Council’s refusal of his 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))
- 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 have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.
What I found
- Mr X says the Council delayed determining his planning application and acted in a biased way to support an alternative scheme.
- Any dispute about the merit of a planning application (or delay in the determination) can be appealed to a Planning Inspector. The Planning Inspectorate is an expert body and their decisions are binding on the Council. Mr X can claim costs from the Planning Inspector if he can show the Council acted unreasonably. I see no reason why an appeal could not be made in this case.
Final decision
- I do not intend to investigate this complaint because he could appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman