Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has the right to appeal to the Planning Inspector. The complainant has not suffered significant injustice in relation to the remaining issues complained about.

The complaint

1. Mr X has complained about how the Council has dealt with his planning application. He says the Council failed to properly consult with him and provided incorrect and misleading information. Mr X says he has been caused frustration and suffered financial losses because of the Council’s actions.

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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), as amended)
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.

5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr X can appeal to the Planning Inspector if he disagrees with the Council’s decision to refuse his planning application. I consider it would be reasonable for Mr X to use his appeal right and the Ombudsman will not usually investigate when someone has the right to appeal to the Planning Inspector. This is the case even if the appeal will not provide a remedy for all the issues complained about.
8. Mr X has complained about how the application was handled by the Council. But many of the issues Mr X has raised are related to the planning decision which can be appealed. I also do not consider the injustice suffered because of the alleged fault with how the Council handled the application significant enough to justify an investigation by the Ombudsman in isolation.

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Final decision

9. We will not investigate Mr X’s complaint because he has the right to appeal to the Planning Inspector. Mr X has not suffered significant injustice in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman