Cornwall Council (21 004 432)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 26 Jul 2021
The Ombudsman's final decision:
Summary: We cannot investigate Mr B’s complaint about a planning decision. This is because Mr B has appealed to the planning inspector.
The complaint
- The complainant, who I will refer to as Mr B, complains about the Council’s decision to refuse his planning application. Mr B complains the Council did not offer any help, did not replace the case officer assigned to the application, and ignored information from the planning inspector about the impact of the proposed development.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- The Planning Inspector considers appeals about decisions to refuse planning permission
How I considered this complaint
- I considered information provided by Mr B and planning records available online.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B put in an appeal to the planning inspector against the Council’s refusal of his planning application. This means we cannot investigate the issues Mr B has complained about.
Final decision
- We cannot investigate Mr B’s complaint because he has appealed to the planning inspector.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman