Summary: We cannot investigate this complaint about a planning application. This is because the complainant has already appealed to the Planning Inspectorate.

The complaint

1. Mr X is unhappy with the Council’s decision to refuse his planning application.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied for planning permission. The Council refused the application.
7. The right of appeal is to the Planning Inspectorate. Mr X appealed the decision to the Planning Inspectorate.
8. The Planning Inspector dismissed the appeal.
9. Where a complainant has exercised their right of appeal to the Planning Inspector, the Ombudsman has no discretion to investigate the complaint.

Final decision

10. We cannot investigate this complaint. This is because Mr X has already appealed to the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman