Summary: Ms X complains that the Council has provided misleading information to the Planning Inspector. We will not investigate this complaint because she appealed to a Planning Inspector.

The complaint

1. Ms X complains that the Council has provided misleading information to the Planning Inspector.

Back to top

The Ombudsman’s role and powers

2. 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.

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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the complainant’s comments on my draft decision.

Back to top

My assessment

7. Ms X appealed to the Planning Inspector against a refusal to grant planning permission for her property. She says that the Council has provided misleading evidence to the Planning Inspector about a noise nuisance.
8. The Ombudsman cannot investigate a complaint which has been appealed to a Planning Inspector. Further, she has the opportunity to present any alternative evidence to the Planning Inspector to ensure that she receives a fair hearing.

Back to top

Final decision

9. I do not intend to investigate this complaint because she appealed to a Planning Inspector.

Back to top

Investigator's decision on behalf of the Ombudsman