Summary: We cannot investigate Mr X’s complaint about the Council’s handling of his planning application as he has appealed against its decision. If Mr X has concerns about the validity of the information the Council provided to the Planning Inspector he should contact the Inspectorate; it was for the Inspector to satisfy themselves about the Council’s evidence and we have no power to overturn its decision.

The complaint

1. The complainant, Mr X, complains about the Council’s refusal of his planning application. He says the Council’s decision is based on inaccurate information and that it provided misleading and inaccurate information to the Planning Inspectorate as part of its challenge to his 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. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. We may decide to investigate if we consider it would be unreasonable to expect the person to appeal but cannot investigate if the person has already appealed. (Local Government Act 1974, section 26(6)(b))
4. 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

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate Mr X’s complaint about the Council’s handling of his planning application as Mr X has used his right of appeal.
7. If Mr X had concerns about the information and evidence the Council submitted to the Planning Inspector he should have raised these with the Inspector at the time. It was for the Inspector to satisfy themselves about the validity of the Council’s refusal to grant planning permission and only they or the courts can overturn their decision.
8. If Mr X believes the information the Council holds is inaccurate and that this is preventing him from obtaining planning permission he may wish to submit a new application and appeal against any further refusal, providing any evidence he has to challenge the Council’s evidence as part of his appeal.

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Final decision

9. We cannot investigate Mr X’s complaint about the Council’s handling of his planning application because he has used his right of appeal. We will not investigate Mr X’s concerns about the information provided to the Planning Inspector as this is a matter for the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman