Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant could have appealed to the Planning Inspector.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning application. During the application process Mr X was advised by the case officer to remove some of the proposed works from his application as it was unlikely permission would be granted. Mr X made the changes to his application. However, he has since discovered the Council granted permission to his neighbour for a similar development. Mr X says he has not been treated fairly by the Council and it should reinstate and approve his original application.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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))
4. 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.

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How I considered this complaint

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. Mr X has complained about how the Council dealt with his application and the advice he received from the case officer to change his plans. However, Mr X could have chosen not to amend his application and instead appealed to the Planning Inspector if the Council refused planning permission.
7. I consider it would have been reasonable for Mr X to have used his right to appeal as the Planning Inspector was able to provide the outcome he seeks. The Ombudsman will not usually investigate complaints when someone had a right to appeal to the Planning Inspector, even if the appeal would not have addressed all the issues complained about.

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Final decision

8. We will not investigate Mr X’s complaint because it would have been reasonable for him to use his right to appeal to the Planning inspector.

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Investigator's decision on behalf of the Ombudsman