Summary: We cannot investigate Mr X’s complaint about the way the Council dealt with his planning application for a dropped kerb, crossover and off-street parking. Mr X has appealed against the Council’s refusal of the permission to the Planning Inspectorate. That appeal takes the entire matter out of our jurisdiction, so we cannot investigate it.

The complaint

1. Mr X applied to the Council for planning permission for a dropped kerb, vehicle crossover and parking hardstanding in 2022. He complains the Council:
1. delayed in deciding his planning application;
2. did not treat him fairly compared to other applicants;
3. lied to him about the issues they had with his application;
4. ignored his calls and emails;
5. changed their reasons for not supporting his application;
6. tried to prevent him exercising his rights;
7. has not given him a clear and reasonable explanation why they did not permit his application.
2. Mr X says the matter has caused him stress and aggravation for the last 12 months. He says he has spent time corresponding with the Council and educating himself on planning so he could deal with the matter. He says he is exhausted, has lost confidence in the Council, and lost the ‘ability to appeal’ its decision.
3. Mr X wants:
• officers involved in the complaint to face disciplinary action;
• the whole planning department to be retrained;
• those in the planning department who lied to him to be sacked;
• an in-person apology; and
• a promise from the Council to review his planning application, and if any issues arise, for officers to explain them to him with evidence where possible.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspectorate acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
6. The Inspectorate 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.
7. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916).

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How I considered this complaint

8. I considered information from Mr X, online information regarding Mr X’s planning application, and the Ombudsman’s Assessment Code.

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My assessment

9. We cannot investigate Mr X’s complaint about the planning process. That is because Mr X has appealed to the Planning Inspectorate against the Council’s recent refusal of his planning application. The use of that appeal takes all matters relating to planning outside our jurisdiction.
10. I recognise Mr X has complained about various other issues with the Council’s administration of the planning processes, including the conduct of some of its officers, and its contacts with him. However, the courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, we have no jurisdiction to investigate. The principle set by this court judgement, referred to in paragraph seven above, applies wherever a complainant has used a formal right of appeal other than through court proceedings, including when they have lodged a Planning Inspectorate appeal. This limitation on our jurisdiction applies even if the appeal process will not or cannot provide a complete remedy for all the injustice someone is claiming as part of their complaint. So we cannot investigate any part of the Council’s involvement in the planning matter because Mr X has used his Planning Inspectorate appeal rights.
11. The Council issued its planning refusal decision on Mr X’s application earlier this year, setting out its reasons for the decision. Mr X has appealed against it to the Planning Inspectorate. It is now for the Inspectorate to consider and determine that appeal and any associated costs claims Mr X may have submitted. That is the formal process, put in place by national government and independent of the Council’s planning officers, which will provide him with the reconsideration of his planning application he requires. We have no remit or powers to interfere in any of the Inspectorate’s processes or decisions.

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Final decision

12. We cannot investigate Mr X’s complaint about the planning matters because he has used his right of appeal to the Planning Inspectorate which takes them outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman