The Ombudsman's final decision
Summary: The Ombudsman cannot investigate Mr X’s complaint about the Council’s planning decisions. Mr X has used his right of appeal to the planning inspector.
The complaint
Mr X complains the Council has refused to grant a lawful development certificate or planning permission for a replacement building for his business. He says the Council has issued an enforcement notice. Mr X says the Council’s decision has caused him time, trouble, and harm to his health. He has been caused expense and the future of his business is at risk. Mr X says he has appealed to the planning inspector against the planning refusal which has put the enforcement case on hold.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
I have considered Mr X’s information and comments. I have checked the Council’s website information regarding the appeal to the planning inspector.
My assessment
I cannot investigate Mr X’s complaint for the following reasons: The complaint is outside the Ombudsman’s jurisdiction and there is no discretion to investigate. Mr X has appealed the refusal of planning permission to the planning inspector (see paragraph 2 and 3 above).
The Ombudsman cannot provide a remedy beyond that available via the appeal procedure. The planning inspector letters to the Council, dated 13 October 2021, say Mr X has applied for costs due to what he believes is the Council’s unreasonable behaviour.
Final decision
The Ombudsman cannot investigate Mr X’s complaint about the Council’s planning decisions. Mr X has used his right of appeal to the planning inspector.
Investigator's decision on behalf of the Ombudsman