Summary: We will not investigate this complaint about the Council’s handling of the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector.

The complaint

1. Mr X complains about the case officer’s handling of his planning application. In particular, Mr X says the officer did not return his calls and failed to properly respond to a councillor’s request for the application to be referred to the Planning Panel.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister, and can consider appeals about a decision to refuse planning permission. (Local Government Act 1974, section 26(6)(b), as amended)

Back to top

How I considered this complaint

3. I considered:
• information provided by Mr X and the Council, which included their complaint correspondence.
• Information about Mr X’s planning application on the Council’s planning website.
• the Ombudsman’s Assessment Code.

Back to top

My assessment

4. I appreciate Mr X is unhappy about the way his application was handled.
5. But, with reference to paragraph 2 above, we cannot investigate his complaint because he has already appealed to the Planning Inspector against the Council’s refusal of his application. Case law has determined that the Ombudsman cannot investigate when someone has used their appeal right, even if the appeal would not or could not address all the issues complained about.

Back to top

Final decision

6. We will not investigate Mr X’s complaint because he has already used his right of appeal to the Planning Inspector.

Back to top

Investigator's decision on behalf of the Ombudsman