The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has used their right to appeal to the Planning Inspectorate.
The complaint
The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning application. He says the application was not given proper consideration and the Council’s reasons for refusing planning permission were weak.
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) 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 Mr X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because he has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right.
I understand Mr X’s complaint also relates to how the application was handled by the Council. But how the Council dealt with the application is related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.
Final decision
We cannot investigate Mr X’s complaint because he has already used his right to appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman