The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council considered a planning application because he appealed to a Planning Inspector and there is no fault by the Council.
The complaint
Mr X complains about the way the Council carried out a site visit in relation to his planning application.
The Ombudsman’s role and powers
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 investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that a Planning Officer visited his property without authority following his appeal to the Planning Inspector.
The Council says that the law allows a Planning Officer to make a site visit without permission of the land owner. The Council adds that Mr X can seek costs from the Planning Inspector if the Planning Inspector accepts the Council has acted unreasonably.
I am satisfied that the Council acted without fault in carrying out the site visit and all matters relating to the appeal are out of jurisdiction for the reason given above.
Final decision
We will not investigate Mr X’s complaint because he appealed to a Planning Inspector and there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman