Bassetlaw District Council (22 016 290)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 02 Mar 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. Mr X says the Council failed to properly engage with him and did not make him aware of the conditions applied to the planning permission. Mr X says he has been caused significant stress and incurred additional costs because of the Council’s actions.
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 Ombudsman cannot investigate Mr X’s complaint about the conditions placed on his planning permission. This is because he has appealed to the Planning Inspector and the Ombudsman cannot investigate matters where someone has already used their appeal right.
- I understand Mr X has also raised concerns about how the Council dealt with his application. But these issues are related to the matter that 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.
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