Summary: The Ombudsman cannot investigate Mr X’s complaint about the Council’s handling of his planning application. This is because Mr X has used his right of appeal to the Planning Inspectorate.

The complaint

1. The complainant, Mr X, complains the Council acted unreasonably and unlawfully in refusing his planning application. He says this has caused delay in obtaining planning permission and financial loss.

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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)

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How I considered this complaint

4. I reviewed Mr X’s complaint and the details of his planning application and appeal.

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What I found

5. Mr X applied for planning permission from the Council in 2019. The Council refused his application but Mr X disputes its decision. He sought advice from a barrister and appealed against the Council’s decision to the Planning Inspectorate. He says his barrister considers the Council acted unreasonably and unlawfully in refusing his planning application and he wants the Council to pay him compensation.
6. Because Mr X has appealed against the Council’s decision to refuse his application we have no jurisdiction to investigate any complaint about its actions in connection with, or having a bearing on, its decision. This means we cannot look at the Council’s handling of the planning application as a separate matter to Mr X’s appeal against its decision.

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Final decision

7. The Ombudsman cannot investigate this complaint. This is because Mr X has appealed again to the Planning Inspectorate.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman