Summary: We cannot investigate this complaint about how the Council dealt with the complainant’s planning applications. This is because the complainant has appealed to the Planning Inspector.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning applications. Mr X disagrees with the Council’s decisions to refuse planning permission. He says its decisions were based on incorrect information and it has ignored the relevant evidence. Mr X is also unhappy with how the Council dealt with his complaint.

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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 X and the Ombudsman’s Assessment Code.

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My assessment

6. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decisions to refuse his planning applications. This is because he has appealed to the Planning Inspector about the Council’s decisions and the Ombudsman cannot investigate matters where someone has already used their appeal right.
7. I understand Mr X’s complaint also relates to how the applications were handled by the Council. But how the Council dealt with the applications is related to the planning decisions which have been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal would not address all the issues complained about.
8. Mr X has complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

9. We cannot investigate Mr X’s complaint because he has used his right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman