Summary: Mrs X complains about the way the Council dealt with her planning applications. The Ombudsman will not investigate this complaint because she appealed to a Planning Inspector.

The complaint

1. Mrs X complains about the way the Council dealt with her planning applications.

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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 have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,

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What I found

5. Mrs X submitted a planning application in 2017 for a Lawful Development Certificate for an outbuilding in her garden. The Council refused the planning application.
6. Mr X then submitted a planning application for the outbuilding which was refused. The Council served an enforcement notice against her. Mrs X appealed against the refusal and the notice to a Planning Inspector.
7. The Planning Inspector upheld both appeals. Mrs X says that she has been caused time and trouble and costs in making her appeal. Any person appealing to a Planning Inspector can seek costs if it can be shown that the Council acted unreasonably. I see no reason why Mrs X could not have done so. Nevertheless, the Ombudsman has no jurisdiction to investigate this complaint as she appealed to a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman