Summary: We cannot investigate Mr X’s complaint about the actions of the Council in granting planning permission at a neighbouring property. Mr X has exercised his right to approach a court to challenge the Council’s decision. This means a permanent legal bar now prevents us investigating the matter complained of.

The complaint

1. Mr X complained of fault in the way the Council dealt with a grant of planning permission.

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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. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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Final decision

6. We cannot investigate Mr X’s complaint about how the Council dealt with the planning application and reached its decision. This is because Mr X exercised his right to approach a court to seek leave to challenge the decision. This triggers a permanent legal bar that prevents us investigating the matter complained of.

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Investigator's decision on behalf of the Ombudsman