Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of his retrospective planning applications. This is because the use and availability of appeal rights to the Planning Inspectorate place the complaint outside our jurisdiction.

The complaint

1. The complainant, who I refer to as Mr X, complains about the way the Council has handled two retrospective planning applications for works at his property. He says the Council’s mismanagement has caused a great deal of stress and wasted time for which he should be compensated.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
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 and considers appeals including those about delay and the decision taken to refuse planning permission.

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How I considered this complaint

5. In considering the complaint I reviewed the information Mr X provided and looked at the planning documentation on the Council’s website. I gave Mr X the opportunity to comment on my draft decision.

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What I found

6. Mr X lives in a property situated within a conservation area. He carried out works to the property without first obtaining the required planning permission.
7. Seeking to regularise the unauthorised works, he submitted a retrospective planning application which the Council refused. Mr X appealed to the Planning Inspectorate where the Inspector part-allowed the appeal relating to works concerning the garden and its surround but refused the works carried out to the windows and door.
8. Mr X submitted a second retrospective application seeking to address the concerns of the Planning Inspectorate about the windows and door. The application proposed the same windows and door but with some cosmetic changes to alter their appearance. The Council refused permission citing the poor quality and non-traditional materials used which would harm the significance of the conservation area contrary to the Local Plan and the National Planning Policy Framework.

Assessment

9. Matters relating to the first application fall outside our jurisdiction because Mr X appealed against the Council’s decision to the Planning Inspectorate. We have no discretion here.
10. Matters relating to the second application also fall outside our jurisdiction because, while Mr X has not appealed against the Council’s decision, he has appeal rights available to challenge it which we would reasonably expect him to make use of.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because the use and availability of appeal rights to the Planning Inspectorate place the complaint outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman