Summary: Mr X complains about delay by the Council in dealing with his planning application (and ultimately, refusing it). The Ombudsman will not investigate this complaint because he appealed to a Planning Inspector.

The complaint

1. Mr X complains about delay by the Council in dealing with his planning application (and ultimately, refusing it).

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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 the complainant's and Council's comments. The complainant has been given the opportunity to comment before a final decision has been made.

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What I found

5. Mr X made a planning application for a Certificate of Lawful Use to allow him to remain in a property he had used as a dwelling. The Council says that there was insufficient evidence of occupation of the property and so it considered taking enforcement action against him. It says that it then reviewed the matter as a result of his disability. It decided to decline enforcement action and create a legal agreement which would allow him to remain in the property.
6. Mr X then complained that he was unable to access grants to improve the property because he could not demonstrate that the property was a dwelling.
7. As the planning application had not been determined the Council then refused it for the reason given above. Mr X appealed the decision to a Planning Inspector but was refused.
8. The law does not permit the Ombudsman to investigate a complaint about a matter which has been considered by a Planning Inspector. I appreciate the predicament Mr X faces but the matter is out of jurisdiction and so cannot be investigated by the Ombudsman.

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Final decision

9. The Ombudsman will not investigate this complaint because he appealed to a Planning Inspector.
    

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Investigator's decision on behalf of the Ombudsman