Summary: We cannot investigate Mr B’s complaint about the Council’s refusal of his planning application. This is because Mr B appealed to the planning inspector against the decision.

The complaint

1. The complainant, who I will refer to as Mr B, complains about the Council’s refusal of his planning application. Mr B considers the Council’s decision is not in line with decisions it has made on similar applications for nearby properties. Mr B would like the Council to visit him to fully explain why the Council has granted planning permission to his neighbour but not him.

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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. The Planning Inspector considers appeals about a decision to refuse planning permission. (Local Government Act 1974, section 26(6)(b), as amended)

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How I considered this complaint

4. I considered information provided by Mr B and planning records available on the Council website.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B put in an appeal to the planning inspector against the Council’s refusal of his planning application. This means we have no discretion to investigate his complaint about the Council’s decision on his planning application.

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Final decision

7. We cannot investigate Mr B’s complaint because he has used his right of appeal to the planning inspector.

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Investigator's decision on behalf of the Ombudsman