Summary: We cannot investigate Mr B’s complaint about the Council’s refusal to issue a decision on 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 the Council refused to issue a decision notice after he put in a prior approval planning application to the Council in 2019. Mr B says this meant he had to put in an appeal to the Planning Inspector to confirm he could build the development. Mr B says his appeal was not decided until 2021. Mr B says the Planning Inspector’s costs award only covered his appeal costs and not the significant increase in construction costs since 2019. Mr B would like the Council to pay him compensation to reflect the avoidable construction costs he has incurred.

Back to top

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.

5. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

Back to top

How I considered this complaint

6. I considered information provided by Mr B and information on the Planning Inspector’s website.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr B put in an appeal to the Planning Inspector against the Council’s non-determination of his planning application. Because Mr B used his right of appeal, we have no discretion to investigate his complaint about the Council’s consideration of this application.
9. Mr B says the costs award made by the Planning Inspector did not cover the increase in construction costs. But, as I have stated at paragraph 5 of this statement, this restriction to our powers applies even though the appeal did not provide a complete remedy for all the injustice Mr B claims to have suffered.

Back to top

Final decision

10. We cannot investigate Mr B’s complaint because he appealed to the Planning Inspector.

Back to top

Investigator's decision on behalf of the Ombudsman