Summary: Ms X complains about the way the Council dealt with her planning application. We will not investigate this complaint because she appealed to a Planning Inspector.

The complaint

1. Ms X complains about the way the Council dealt with her 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. The Planning Inspector acts on behalf of the responsible Government minister. 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

4. I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

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What I found

5. Ms X made a planning application in January 2020 for a dwelling in her garden. The Council refused the planning application in April 2020 and she appealed unsuccessfully to the Planning Inspector.
6. Ms X argued the Council acted unreasonably in the way they considered the planning application but the Ombudsman cannot investigate this complaint as she appealed to a Planning Inspector.

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Final decision

7. I do not intend to investigate this complaint because she appealed to a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman