Gedling Borough Council (21 004 591)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 12 Aug 2021
The Ombudsman's final decision:
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
- The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning application. He says there were delays and he was not given the opportunity to discuss the case officer’s concerns or make any changes to the application before it was refused. Mr X says he has incurred costs because of the Council’s handling of his application.
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:
- 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.
How I considered this complaint
- I considered information provided by Mr X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X is unhappy with how the Council has dealt with his planning application. However, he has appealed to the Planning Inspector. The Council’s handling of the application is linked to the decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal does not provide a remedy for all the issues complained about.
Final decision
- We cannot investigate Mr X’s complaint because he has used his right to appeal to the Planning Inspector and the complaint is therefore outside the Ombudsman’s jurisdiction.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman