Epping Forest District Council (22 014 794)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 15 May 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector.
The complaint
- The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning application. He says there was a lack of communication from the Council, and it did not follow its own procedures. Mr X also says the Council failed to properly explain its reasons for refusing his application.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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.
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- The Council refused Mr X’s planning application and he appealed to the Planning Inspector. Mr X says his complaint is not about the Council’s planning decision. Instead, his concerns relate to how the application was handled by the Council and the lack of communication from the case officer.
- The Ombudsman has no jurisdiction to consider complaints where the matters complained about have already been appealed. The concerns Mr X has raised are related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed.
Final decision
- We cannot investigate Mr X’s complaint because he has appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman