South Somerset District Council (20 012 889)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 04 May 2021
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council dealt with his planning applications. We will not investigate this complaint because he appealed to a Planning Inspector.
The complaint
- Mr X complains about the way the Council dealt with his planning applications.
The Ombudsman’s role and powers
- 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.
- 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)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.
What I found
- Mr X made two planning applications between 2016 and 2018. The Council refused both and Mr X appealed to a Planning Inspector for both planning applications.
- The Ombudsman has no legal power to investigate a complaint about a planning application which was appealed to a Planning Inspector. I appreciate that he has concerns about the process within the Council but the Ombudsman cannot investigate the complaint.
Final decision
- I do not intend to investigate this complaint because he appealed to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman