Summary: We will not investigate this complaint about how a Council dealt with a planning application or enforcement matters. This is because Mr X is a member of a residents group that has exercised its right of appeal to the Planning Inspector.

The complaint

1. Mr X is part of a local residents group. Mr X says the Council has failed to control development in his local area. He says the Council has made errors in granting planning permission and taking enforcement action and this has caused significant distress to local people.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
5. The Planning Inspector acts on behalf of the responsible Government minister. 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.

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The residents group Mr X is part of has successfully applied to be a party to a planning inquiry being conducted by the Planning Inspector regarding the development. This means the group has exercised a right of appeal to the Secretary of State and so we cannot investigate this complaint.
9. Mr X says some issues are separable from the issues being raised with the Planning Inspector. However, the substantive complaint is that the Council has allowed development to continue without proper controls in place. This is an issue which will be resolved as part of the inquiry and appeals being considered by the Inspector. Therefore, we cannot investigate these complaints.
10. The Planning Inspector cannot provide a remedy to the residents group for distress or time and trouble pursuing this complaint. However, the courts have said that the lack of a remedy through a statutory appeal is not a reason for the Ombudsman to investigate a complaint where we are otherwise prevented from doing so.

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Final decision

11. We will not investigate Mr X’s complaint because he is a member of a residents group that has exercised its right of appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman