Summary: We will not investigate this complaint about various issues concerning the complainant’s planning application. This is because the complainant has already appealed to the Planning Inspector, so we have no legal remit to investigate.

The complaint

1. Mrs X complains about various issues when the Council refused her planning application.
2. She says officers failed to identify the relevant legislation, criticised her to her planning consultant and so on.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
5. The Planning Inspector acts on behalf of the responsible Government minister. 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.

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How I considered this complaint

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

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My assessment

7. Mrs X has appealed to the Planning Inspector, so we have no powers to consider any aspect of her planning application.

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Final decision

8. We will not investigate Mrs X’s complaint because she has already appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman