Summary: We cannot investigate this complaint about how the Council dealt with the complainant’s application for a certificate of lawful use or development. 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 application for a certificate of lawful use or development. Mr X says there were delays, the Council failed to explain why it did not consider the proposal acceptable and it has made inconsistent planning decisions.

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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 how the Council dealt with his application for a certificate of lawful use or development. This is because he has appealed to the Planning Inspector and the Ombudsman cannot investigate matters where someone has already used their appeal right even if the appeal will not address all the issues complained about or provide a complete remedy for the injustice claimed.

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Final decision

7. We cannot investigate Mr X’s complaint because he has appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman