Summary: We will not investigate this complaint about how the Council has dealt with the complainant’s planning applications and a breach of planning control. This is because the complainant had the right to appeal to the Planning Inspector.

The complaint

1. Mr X has raised many concerns about how the Council has dealt with his planning applications and its decision to take enforcement action against him. Mr X says the Council has been dishonest and is abusing its power.

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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. 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)
4. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
5. 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

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X has raised many concerns about how his planning applications have been dealt with by the Council. He has also complained about its decision to take enforcement action against him. However, Mr X has appealed to the Planning Inspector against the Council’s decision to refuse some of his applications. He also appealed against the enforcement notice served by the Council.
9. The Ombudsman has no jurisdiction to consider complaints where the matters complained about have already been appealed. I understand Mr X says the Planning Inspector will not look at the issues he has raised about dishonesty and abuse of power. But I consider that the concerns raised by Mr X are related to the planning and enforcement decisions which have 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.
10. Mr X could also appeal to the Planning Inspector if he disagrees with the Council’s decision to refuse his other applications. I consider it would be reasonable for Mr X to use this remedy expressly put in place by Parliament to address such situations.
11. Mr X has complained about how the Council dealt with his complaint. 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.

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Final decision

12. We will not investigate Mr X’s complaint because he has the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman