The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a planning application and a breach of planning control. 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 and a breach of planning control. Mr X is also unhappy with how the Council dealt with his complaint.
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 information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because he has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right.
I understand Mr X’s complaint also relates to how the application was handled by the Council and the actions of the planning officers. But how the Council dealt with the application is related to the planning decision which has been appealed.
Mr X will also have the right to appeal to the Inspector if the Council takes formal enforcement action against him. I consider it would be reasonable for Mr X to use this right of appeal, and the Ombudsman will not usually investigate when someone has the right to appeal.
Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.
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