The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications. This is because the complainant has appealed, or could have appealed, to the Planning Inspector.
The complaint
Mr X complains about how the Council dealt with his planning applications. Mr X says the Council has delayed approving his planning application. He has also complained about planning conditions placed on a previous application for the site.
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 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 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 the information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Mr X’s complaint about delays by the Council determining his planning application. This is because Mr X has appealed to the Planning Inspector and the Ombudsman cannot investigate matters where someone has already used their appeal right.
Mr X has also complained about the planning conditions placed on the previous planning permission approved for the site. However, Mr X could have appealed to the Inspector if he disagreed with the conditions. I consider it would have been reasonable for Mr X to use his appeal right and the ombudsman will not usually investigate when someone had the right to appeal.
Final decision
We will not investigate Mr X’s complaint because he has appealed, or could have appealed, to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman