Summary: We cannot investigate Mr X’s complaint about how the Council dealt with and determined his planning application. Mr X has used his right of appeal to the Planning Inspectorate against the Council’s refusal decision. We do not have jurisdiction to investigate where someone has used that appeal right.

The complaint

1. Mr X complains:
1. the Council’s planning officer was biased against his planning application;
2. the officer gave him only two days to submit amended plans during the planning consultation period before refusing the application;
3. the officer initially considered the application acceptable but then changed their mind;
4. the Council has not taken into account his son’s disability;
5. the Council has made inconsistent decisions about the size of extensions which they have permitted for neighbours, but not permitted for 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 (PINS) acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. The PINS 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

5. I considered:
• information provided by Mr X;
• relevant online planning information;
• the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s online planning information for Mr X’s application shows he has lodged an appeal against the Council’s decision to refuse him the planning permission he seeks. Mr X’s planning proposal is now before the PINS for its consideration.
7. Mr X’s use of his appeal to the PINS means we have no jurisdiction to investigate his complaint. The legislation which sets out the limits of our powers prevents us from investigating it.

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Final decision

8. We cannot investigate Mr X’s complaint because he has used his right of appeal to the PINS.

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Investigator's decision on behalf of the Ombudsman