Summary: We cannot investigate this complaint about the Council’s refusal of two planning applications. The complainant has appealed to the Planning Inspectorate against the Council’s decisions.

The complaint

1. The complainant, who I refer to here as Mr B, has complained following the Council’s decision to refuse two planning applications he submitted.

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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. It says we cannot investigate a complaint when someone has appealed to a government minister; we have no discretion in this. The courts have decided this restriction applies even if the appeal could not provide a remedy for all the claimed injustice. l. (Local Government Act 1974, section 26(6)(b))

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How I considered this complaint

3. I considered our Assessment Code and information provided by Mr B. I have also seen information on the websites of the Council and the Planning Inspectorate.

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My assessment

4. Mr B has appealed to the Planning Inspectorate against the Council’s refusal of his planning applications. The Planning Inspectorate considers appeals on behalf of the Minister for Housing, Communities and Local Government.

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Final decision

5. We will cannot investigate Mr B’s complaint because he has appealed to a government minister.

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Investigator's decision on behalf of the Ombudsman