Summary: We cannot investigate this complaint about how the Council dealt with the complainant’s planning applications. This is because the complainant has appealed to the Planning Inspectorate.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning applications. He says there were long delays before the Council validated his applications. Mr X also complains the Council took too long to respond to his correspondence and says he has no faith in the case officer assessing the proposals.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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

5. I have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

6. When a local authority receives a planning application, it must first validate it. For an application to be valid there will be some national requirements such as plans for the development and ownership certificates. The Council will also have its own requirements. Once the application is valid the Council will publicise the proposal and consider the application to decide if it is acceptable. If the applicant disagrees with the Council’s planning decision, they can appeal to the Planning Inspectorate.

What happened

7. Mr X applied to the Council for planning permission and listed building consent to build a roof terrace. The Council asked Mr X for further information to validate the applications. Mr X provided this information electronically, however the case officer told Mr X originals were needed to check the measurements. Mr X provided the requested details, and the applications have since been validated and determined. The Council refused planning permission and Mr X has now used his right to appeal to the Planning Inspectorate.

Assessment

8. I cannot investigate this complaint about how the Council dealt with Mr X’s planning applications. This is because he has appealed to the Planning Inspectorate.
9. I understand Mr X is unhappy with how the Council dealt with his applications when they were first received. He says there were delays validating the applications and communication from the planning department was poor. However, Mr X’s concerns about the validation process are linked to the planning decisions which have now been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not provide a remedy for all the injustice claimed.

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Final decision

10. I cannot investigate this complaint. This is because Mr X has appealed to the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman