Leeds City Council (21 006 780)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 12 Oct 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, says that there were significant delays with his planning application. After Mr X raised this issue, he says the Council’s officers treated him in a biased way, which affected the outcome of his application. Mr X says he has suffered financial losses 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s planning application was made valid in July 2020 and finally determined by the Council in January 2021. Mr X appealed Council’s decision to the Planning Inspector. The Planning Inspector’s role is to consider appeals against councils’ delays in deciding planning applications and against decisions to refuse planning permission.
- 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.
- Mr X is seeking compensation for financial losses suffered because of the delays with his planning application. This is not something we can achieve. Whether the Council is liable for Mr X’s financial losses is a legal matter. A court of law is the suitable body to decide liability for financial loss.
Final decision
- I cannot investigate this complaint because Mr X 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