The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council decided the complainant’s planning application. He appealed to the Planning Inspector against the Council’s refusal. This complaint is therefore outside our jurisdiction.
The complaint
Mr X complains the Council failed to forward his planning application to the planning committee as agreed.
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)
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about the Council’s actions leading to its decision to refuse his amended planning application.
However, he has appealed to the Planning Inspector against the refusal.
The law says we cannot investigate a complaint is someone has appealed to the Planning Inspector. This includes any a complaint about the Council’s actions in relation to those planning applications, as these are not separable to the matters under appeal.
Final decision
We will not investigate Mr X’s complaint because he appealed to the Planning Inspector and the matter is therefore out of our jurisdiction.
Investigator's decision on behalf of the Ombudsman