Summary: We cannot investigate this complaint about how the Council dealt with the complainants’ planning application. This is because the complainants have appealed to the Planning Inspector.

The complaint

1. The complainants, whom I shall refer to as Mr and Mrs X, have complained about how the Council dealt with their planning application. They say the planning committee meeting was unfair and unbalanced and relevant information and policies were ignored. Mr and Mrs X also say the Council’s decision making was inconsistent and a right to reply was not allowed during the committee meeting.

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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 and Mrs X and the Ombudsman’s Assessment Code.

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My assessment

6. The Ombudsman cannot investigate Mr and Mrs X’s complaint about the Council’s decision to refuse their planning application. This is because they have appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right.
7. Mr and Mrs X have raised many concerns about how their application was dealt with by the Council and what happened during the planning committee meeting. But these matters are related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.
8. Mr and Mrs X have also 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 and Mrs X’s complaint because they have appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman