Summary: We will not investigate this complaint about the refusal of his planning application and his planning appeal. We cannot investigate a complaint about matters which have been subject to an appeal to a government minister.

The complaint

1. Mr X complained about the refusal of his retrospective planning application and its consideration by the Planning Inspector who dismissed his appeal.

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The Ombudsman’s role and powers

2. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:
3.  

• 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.

4. 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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X applied to the Council for retrospective planning permission for a replacement shed in his garden. The plans were refused and he appealed to the Planning Inspectorate. The Planning Inspector dismissed the appeal submitted by Mr X’s agent. Mr X says the Inspector failed to obtain and consider all the relevant information to make his decision.
8. We cannot consider complaints about matters which have been subject to an appeal by a Planning Inspector acting for a government minister.

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Final decision

9. We will not investigate a complaint about matters which have been subject to an appeal to a government minister.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman