Summary: The Ombudsman cannot investigate Mr X’s complaint about the Council’s planning decisions. Mr X has used his right of appeal to the planning inspector.

The complaint

1. Mr X complains the Council has refused to grant a lawful development certificate or planning permission for a replacement building for his business. He says the Council has issued an enforcement notice. Mr X says the Council’s decision has caused him time, trouble, and harm to his health. He has been caused expense and the future of his business is at risk. Mr X says he has appealed to the planning inspector against the planning refusal which has put the enforcement case on hold.

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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 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)

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How I considered this complaint

4. I have considered Mr X’s information and comments. I have checked the Council’s website information regarding the appeal to the planning inspector.

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My assessment

5. I cannot investigate Mr X’s complaint for the following reasons:
6. The complaint is outside the Ombudsman’s jurisdiction and there is no discretion to investigate. Mr X has appealed the refusal of planning permission to the planning inspector (see paragraph 2 and 3 above).
7. The Ombudsman cannot provide a remedy beyond that available via the appeal procedure. The planning inspector letters to the Council, dated 13 October 2021, say Mr X has applied for costs due to what he believes is the Council’s unreasonable behaviour.

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Final decision

8. The Ombudsman cannot investigate Mr X’s complaint about the Council’s planning decisions. Mr X has used his right of appeal to the planning inspector.

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Investigator's decision on behalf of the Ombudsman