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

The complaint

1. The complainant, whom I shall refer to as Miss X, has complained about how the Council dealt with her retrospective planning application.

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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 Miss X’s complaint and the Council’s responses. I invited Miss 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 look at the development plan and material planning considerations to decide if the proposal is acceptable. Material considerations relate to the use and development of the land in the public interest and includes matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application. If the applicant disagrees with the council’s planning decision, they can appeal to the Planning Inspector.

What happened

7. Miss X erected a close boarded fence at the front of her property. The Council told Miss X the fence needed planning permission and invited her to make a retrospective application.
8. Miss X submitted a retrospective planning application. However, the Council refused permission due to the impact on the area and highway safety. Miss X appealed to the Planning Inspector and the appeal was dismissed.
9. Miss X has complained about how the Council has dealt with the application. She says it failed to take her family’s circumstances into account or the costs she had incurred. Miss X also says other properties in the area have been allowed to erect similar fences without permission.

Assessment

10. I will not investigate this complaint about how the Council dealt with Miss X’s planning application. This is because she has already appealed to the Planning Inspector.
11. Miss X is unhappy with how the Council dealt with the application and says it should give her more time to lower the fence. However, these matters are linked to the planning decision which has been appealed. The Ombudsman cannot investigate complaints when someone has used their right to appeal to the Planning Inspector, even if the appeal will not remedy all the injustice claimed.

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Final decision

12. We cannot investigate this complaint. This is because Miss X has appealed to the Planning Inspector and therefore the complaint is outside the Ombudsman’s jurisdiction.

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Investigator's decision on behalf of the Ombudsman