London Borough of Enfield (20 011 762)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 18 Mar 2021
The Ombudsman's final decision:
Summary: We cannot lawfully investigate Mr X’s complaint that the Council’s refusal of his planning application is due to administrative errors. Mr X has used his right of appeal to the planning inspector.
The complaint
- Mr X complains the Council has not properly considered his planning application for development at a property. He says the Council refused the application on a flawed officer report and there are procedural irregularities. Mr X says he has suffered time, trouble, and distress. He will suffer financial loss due to the delay in the project.
The Ombudsman’s role and powers
- 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)
- 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.
How I considered this complaint
- I have considered Mr X’s information, the complaint correspondence, and information about the application on the Council’s planning website.
What I found
- Late in 2020 the Council refused planning permission due to overdevelopment of the site and insufficient facilities at the property which is a house in multiple occupation. Mr X has appealed to the planning inspector against the refusal. The Council says he has also applied for an award of costs.
Analysis
- I cannot investigate Mr X’s complaint which is outside the Ombudsman’s jurisdiction. This is because he has appealed to the planning inspector (see paragraphs 2 and 3 above). We cannot investigate the handling of this case including the quality of the officer report.
Final decision
- The Ombudsman cannot lawfully investigate Mr X’s complaint that the Council refusal of his planning application is due to administrative errors. Mr X has used his right of appeal to the planning inspector.
Investigator's decision on behalf of the Ombudsman