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.

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 says the Council did not provide good reasons for refusing his application. Mr B says this meant he had to appeal to the planning inspector to get planning permission. Mr B would like the Council to pay his costs making this appeal.

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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 a decision to refuse planning permission.

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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. Mr B also put in a claim for costs to the planning inspector. The planning inspector granted Mr B’s application planning permission, but refused his application for costs. The planning inspector decided the Council had not acted unreasonably when it decided Mr B’s planning application.
8. Mr B has used his right of appeal to the planning inspector against both the Council’s refusal of his planning application and the way in which the Council decided the application. This means we have no discretion to investigate this complaint.

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Final decision

9. We cannot investigate Mr B’s complaint because he has appealed to the planning inspector.

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Investigator's decision on behalf of the Ombudsman