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 about the Council’s handling of his planning application. He says the Council wasted his time, stopped him from being able to develop his property and caused him 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, the Council’s response and the details of Mr X’s planning application.

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What I found

5. Mr X applied for planning permission to develop his property in 2019. He says the Council delayed in dealing with his application and forced him to obtain further information during the process at additional cost. He wants the Council to refund the cost of his planning application and reimburse him for his costs. He would also like the Council to grant planning permission for his proposal.
6. The Ombudsman cannot investigate this complaint. Mr X has appealed against the Council’s decision to refuse his application and we therefore have no jurisdiction to investigate any complaint about the Council’s handling of his application.

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Final decision

7. The Ombudsman cannot investigate this complaint. This is because Mr X has appealed 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