The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision about his planning application. This is because he has appealed to the Planning Inspector and taken court action.
The complaint
Mr X complains about the way the Council dealt with his planning application and information it provided to the Planning Inspector when he appealed. Mr X says he has incurred significant costs as a result of the Council’s actions.
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) We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has appealed the Council’s decision to refuse planning permission with the Planning Inspector. Mr X has also challenged the Planning Inspector’s decision in the High Court. Therefore we cannot investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because he has already appealed to the Planning Inspector and has taken action in court about this matter.
Investigator's decision on behalf of the Ombudsman