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 Council’s decision.

The complaint

1. The complainant, who I will refer to as Mr B, complains about the Council’s handling of his planning application. Mr B says the Council was wrong to refuse his planning application and there was inadequate communication before the Council made this decision. Mr B says because of the Council’s refusal of his application he will have to pay higher costs for construction materials in addition to his appeal costs. Mr B also says this delay getting planning permission has caused him stress and inconvenience. Mr B would like the Council to discipline the officer involved and pay him compensation.

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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. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B put in an appeal to the planning inspector against the Council’s refusal of his planning application. The planning inspector granted Mr B’s application planning permission.
8. Because Mr B used his right of appeal to the planning inspector we have no discretion to investigate his complaint about the Council’s refusal of his planning application. Mr B says he has incurred additional costs because of the delay getting planning permission. But, the courts have decided this restriction applies even if the appeal could not provide a remedy for all the claimed injustice.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman