West Berkshire Council (23 009 732)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 04 Oct 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
- Mrs X has complained about how the Council dealt with her planning application and its decision to refuse planning permission. She says the Council has granted permission for similar developments in the area and believes the Council discriminated against her.
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 Mrs X and the Ombudsman’s Assessment Code.
My assessment
- The Ombudsman cannot investigate Mrs X’s complaint about the Council’s decision to refuse her planning application. This is because she has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right even if the appeal will not address all the issues complained about.
- Mrs X has 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.
Final decision
- We cannot investigate Mrs X’s complaint because she has appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman