Summary: We cannot investigate Miss X’s complaint about the Council’s handling of her planning application. This is because Miss X has used her right of appeal to the Planning Inspectorate and this brings her complaint outside our jurisdiction.

The complaint

1. The complainant, Miss X, complains the Council wrongly categorised her planning application. She says this resulted in it incorrectly assessing the proposal, which it refused.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. We may decide to investigate if we consider it would be unreasonable to expect the person to appeal but cannot investigate if the person has already appealed. (Local Government Act 1974, section 26(6)(b))
4. The Planning Inspector acts on behalf of the responsible Government minister. 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 Miss X, the Council’s online planning casefile and the Planning Inspectorate’s appeal decision. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X has used her right of appeal against the Council’s decision to refuse her application. As a result we have no jurisdiction to consider any complaint about the Council’s actions in connection with, or having a bearing on, its consideration of her application.

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Final decision

7. We cannot investigate this complaint. This is because Miss X has used her right of appeal against the Council’s decision.

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Investigator's decision on behalf of the Ombudsman