Summary: The Ombudsman cannot investigate Mr X’s complaint about the Council’s handling of his planning application. This is because Mr X has exercised 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.

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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 the information provided by Mr X, including the details of his complaint and the Council’s responses.

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What I found

5. Mr X applied to the Council for planning permission in 2019. He says the Council took too long to deal with his planning application and is unhappy with the way it has handled his case.
6. The Ombudsman cannot investigate this complaint. Mr X has appealed to the Planning Inspectorate on the grounds of non-determination and because he has exercised his right of appeal we retain 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