Summary: We cannot investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector.

The complaint

1. The complainant, whom I shall refer to as Ms X, has complained about the Council’s decision to refuse her planning application and the advice she was given by the planning officer before she submitted her application. Ms X says she has incurred significant costs because of the Council’s actions.

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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 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)
4. 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

5. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

6. The Ombudsman cannot investigate Ms X’s complaint about the Council’s decision to refuse her planning application. This is because she has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right.
7. Ms X’s complaint also relates to the advice she was given by the Council before she submitted her planning application. Ms X says she was told not to apply for pre-application planning advice. She says she could have avoided the costs she incurred making a planning application had she requested pre-application advice and been told the development was unacceptable. However, this matter is related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.

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Final decision

8. We cannot investigate Ms X’s complaint because she has appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman