Summary: Mr X complains about the way the Council dealt with his planning application. The Ombudsman will not investigate this complaint because he appealed to a Planning Inspector and can seek costs.

The complaint

1. Mr X complains about the way the Council dealt with his planning application.

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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. Planning applicants may appeal to the Planning Inspectorate in certain circumstances. Planning Inspectors act on behalf of a Government minister. They may consider appeals about:

• delay by an authority in deciding an application for planning permission;
• a decision to refuse planning permission;
• conditions placed on planning permission; or
• a planning enforcement notice.

4. We have no powers to investigate decisions made by the Planning Inspectorate and would not normally investigate any matter it has decided.

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How I considered this complaint

5. 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

6. Mr X submitted a planning application for a development. He says that the Council acted unreasonably in requiring him to submit a noise and odour assessment as part of his planning application. He says this cost £2,500. The Council refused the planning application and Mr X appealed to a Planning Inspector.
7. The Ombudsman cannot investigate a complaint where an appeal to a Planning Inspector has been used. Further, Mr X may seek costs as part of his appeal if he can argue that the Council acted unreasonably.

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Final decision

8. I do not intend to investigate this complaint because he appealed to a Planning Inspector and can seek costs.

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Investigator's decision on behalf of the Ombudsman