Summary: We cannot lawfully investigate Mr X’s complaint that the Council refused his application for a new access at his home. Mr X used his right of appeal to the planning inspector.

The complaint

1. Mr X complains the Council unreasonably refused planning permission for a new access and parking arrangements at his home. The pre-planning advice did not say a tree report was necessary and this was one of the two reasons for refusal. He says the Council’s assessment was flawed and did not take account of equality/disability issues. Mr X says the Council caused distress and nearly £2000 in appeal costs to the planning inspector. Mr X wants the Council to pay his costs and compensation. He says the Council should give training to officers.

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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 Mr X’s information, comments, and the complaint correspondence. I have considered information on the Council’s planning website including the planning inspector’s decision.

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What I found

5. Mr X employed a planning company to deal with his application. In the summer of 2020, the Council refused planning permission because of harm to the character of the area and the possible impact on hedges and trees. There was no tree survey needed to fully assess the impact.
6. In 2021 the planning inspector upheld Mr X’s appeal granting planning permission with conditions. The inspector notes the approval requires a departure from the development plan. The benefits of the proposal outweigh the limited harm identified to the character and appearance of the area.
7. Mr X’s complaint to the Council refers to the Equality Act and what he believes was discrimination. The Council’s complaint reply says it found no evidence to support such a claim.

Analysis

8. I cannot investigate this complaint for the following reasons:
9. The complaint is outside the Ombudsman’s jurisdiction and there is no discretion to investigate. Mr X has used his right of appeal to the planning inspector (see paragraph 2 and 3). We cannot therefore consider the pre-planning advice or the handling of the case.
10. It is possible to apply to the planning inspector for costs in relation to the appeal. We cannot investigate a complaint about costs or provide more than is available via the appeal procedure.
11. I have not seen evidence of discrimination, but we cannot investigate the case for the reasons given.

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Final decision

12. The Ombudsman cannot investigate Mr X’s complaint that the Council refused his application for a new access at his home. Mr X used his right of appeal to the planning inspector.

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Investigator's decision on behalf of the Ombudsman