Summary: We will not investigate this complaint about Mr X’s planning applications. He has the statutory right of appeal to the planning inspectorate about the Council’s refusal, and it is reasonable for him to approach the high court for judicial review.

The complaint

1. Mr X complains about how the Council has dealt with issues around household waste recycling for a proposed development. Mr X is the applicant. Mr X says the Council’s actions have caused him distress, inconvenience, time and trouble and the associated costs of employing professionals to support him.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X is the applicant for a proposed development in the Council’s area. The Council refused the application, and Mr X used his statutory right of appeal to the Planning Inspectorate. We cannot consider matters that have already been decided by a government minister.
8. The planning inspector refused Mr X’s appeal based on issues about waste collection. They said it had not been demonstrated that acceptable arrangements for collection of household waste from the site would be in place, and this would cause significant harm to future residents.
9. Mr X has made further resubmissions and the same appeal rights are available to him if refused again. It is appropriate for him to use those rights as we cannot make the decisions in relation to waste collection arrangements Mr X seeks.
10. Mr X raises matters relating to the Council’s interpretation of its legal duties around waste collection. He says he intends to seek judicial review in relation to several related matters.
11. It is reasonable in this case to expect Mr X to take the issues he complains about to court for judicial review should they not be resolved by the Planning Inspectorate, and there is not a good reason for us to consider these matters instead. Mr X and the Council have both already consulted counsel, and the issues being discussed are inextricably linked to the planning decisions, which we have no jurisdiction over due to Mr X’s appeal rights. It is not for the Ombudsman to interpret the legislation, and due to counsels’ differing interpretations of this, only the courts could provide the clarity they seek in this instance.

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Final decision

12. We will not investigate Mr X’s complaint because it is reasonable for him to use the statutory appeals process and approach the courts in relation to these matters.

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Investigator's decision on behalf of the Ombudsman