Summary: We cannot investigate Ms X’s complaint that the Council improperly refused planning permission and issued an enforcement notice. Ms X has used her right of appeal to the planning inspector.

The complaint

1. Ms X complains the Council’s planning committee wrongly refused her application for retrospective planning permission. She says the meeting was not properly conducted and the voting was mishandled. She says a councillor who arrived 40 minutes late was allowed to vote. Ms X says she was treated unfairly. She says the Council failed to reply properly to her complaints and freedom of information request. She wants the Council to grant planning permission and withdraw its enforcement notice.

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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 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.

4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I have considered Ms X’s information and comments and discussed the complaint with her by telephone.

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What I found

6. Ms X tells me the Council issued a decision notice refusing planning permission and shortly afterwards an enforcement notice to reverse work done to her property. Ms X tells me she has appealed the Council’s decisions to the planning inspector. She is aggrieved by the conduct of the planning committee and the Council’s response to her complaint.

Analysis

7. We cannot investigate this complaint because it is outside our jurisdiction. Ms X has used her right of appeal to the planning inspector (see paragraph 2 above).
8. The courts have decided that where an appeal right is used the Ombudsman cannot investigate any aspect of the handling of the case including costs. A limited costs application is possible to the planning inspector.
9. It is reasonable for Ms X to go to the Information Commissioner if the Council has not complied with her freedom of information request (see paragraph 4).

Final decision

10. The Ombudsman cannot investigate Ms X’s complaint that the Council improperly refused planning permission and issued an enforcement notice. Ms X has used her right of appeal to the planning inspector.

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Investigator's decision on behalf of the Ombudsman