West Lancashire Borough Council (24 011 221)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 12 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his planning application and its decision to refuse planning permission. He has a right of appeal to the Planning Inspector.
The complaint
- Mr X complains the Council has refused his planning application. He says the decision was based on incorrect information and the Council has ignored relevant evidence. He wants the Council to reverse its decision and approve his application.
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 the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council has not used relevant evidence during its decision making or completed a site visit.
- We will not investigate this complaint as Mr X has a right of appeal to the Planning Inspector and it is reasonable for him to use this. The Planning Inspector is the appropriate body to consider an appeal against the Council’s decision and so we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because he has a right of appeal to the Planning Inspector which it is reasonable for him to use.
Investigator's decision on behalf of the Ombudsman