Summary: We will not investigate this complaint about planning decisions because he has appealed to a Planning Inspector.

The complaint

1. Mr X complains about the Council’s enforcement of his building development and their refusal of his planning applications.

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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. (Local Government Act 1974, section 26(6)(b), as amended)
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says that the Council acted unfairly in investigating complaints about his property and whether planning permission was required.
7. Any planning enforcement notice issued against Mr X could be appealed to a Planning Inspector and so the Ombudsman would not investigate this complaint.
8. Mr X has since submitted three appeals to the Planning Inspector. For the reasons given above the Ombudsman would not investigate this complaint.
9. Mr X says that the Council has acted unreasonably in the way it has considered his complaints. However, the Ombudsman considers that it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Investigator's decision on behalf of the Ombudsman