The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector.
The complaint
Mr X has complained about how the Council dealt with his planning application. Mr X says the Council placed an unreasonable condition on the planning permission and he has incurred significant costs as a result.
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 planning condition placed on his planning permission. 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.
I consider the issues Mr X has raised are related to the appeal and the Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal could not address all the issues complained about.
Final decision
We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman