Summary: Mr X complains about the process leading to the Council’s decisions to refuse his planning applications. The Ombudsman cannot investigate Mr X’s complaint as he has used his right of appeal to the Planning Inspectorate against the Council’s decisions.

The complaint

1. Mr X complains about the Council’s insistence on affordable housing contributions relating to his application to demolish a house and build 3 apartments. He says the Council’s actions are contrary to policy and are unreasonable. He says he and his family have suffered financial loss and upheaval because of the delays resulting from the Council’s decisions.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
4. 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

5. I considered the information provided by Mr X and discussed the complaint with him. I also considered the Council’s responses to his complaints and the planning information available on the Council’s website.
6. Mr X commented on the draft version of this decision.

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What I found

7. Mr X applied for permission to demolish a house and build 3 flats. The Council refused permission on the grounds of design bulk and massing, overlooking and a lack of a unilateral undertaking with a late review mechanism relating to affordable housing contributions. Mr X appealed against the refusal.
8. While waiting for the appeal Mr X put in another similar application for the same site. The Council refused the application because of a lack of a unilateral undertaking with a late review mechanism relating to affordable housing contributions.
9. The planning Inspector allowed the appeals against the original refusals.
10. Mr X has now appealed against the Council’s refusal of the most recent application.
11. The law says we cannot normally investigate a complaint when someone has appealed to a government minister.

Assessment

12. Mr X has now appealed against the refusal of his latest planning application. Indeed, he has already exercised this right an won appeals for similar applications for the same site.
13. I understand he wants the Council held accountable for his financial losses and that an appeal to the Planning Inspectorate will not provide a remedy for this. However, the law says that where a complainant has exercised their right of appeal the Ombudsman has no jurisdiction. This is the case even if the appeal may not provide a complete remedy for all the injustice claimed.

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Final decision

14. I cannot investigate this complaint. Mr X has used his right to appeal to the Planning Inspectorate against the Council’s refusal of his planning applications.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman