London Borough of Ealing (21 000 555)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 27 May 2021
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Ms X’s complaint about the Council’s decision to refuse her application for planning permission to install a dropped kerb. This is because Ms X has appealed to the Planning Inspectorate and so the complaint is outside our jurisdiction.
The complaint
- The complainant, whom I shall call Ms X, complains about the Council’s decision to refuse her application for planning permission to install a dropped kerb.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Planning Inspectorate acts on behalf of the responsible Government minister. The Planning Inspectorate 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 tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
- I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- Ms X wants a dropped kerb installed so she can park on her property. The Council refused Ms X’s application for planning permission and she unsuccessfully appealed to the Planning Inspectorate.
- The exception at paragraph 4 applies to Ms X’s complaint. Ms X has appealed to the Minister for Housing, Communities and Local Government, through the Planning Inspectorate. We have no jurisdiction to consider complaints if someone has appealed to a tribunal or government minister. Ms X’s complaint is not one we can consider.
Final decision
- We cannot investigate Ms X’s complaint. This is because Ms X has appealed to the Planning Inspectorate and so the complaint is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman