Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because he has appealed to the Planning Inspector.

The complaint

1. Mr X has complained about how the Council dealt with his planning application. He says the decision to refuse planning permission was based on the interests of a third party rather than planning policy. Mr X says there were delays and the Council failed to properly communicate or work with him to find a satisfactory solution. Mr X says he has incurred additional costs because of the Council’s actions.

Back to top

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.

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because he 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. Mr X also could have appealed to the Inspector after eight weeks if he was unhappy with how long the Council was taking to determine his application.
8. I understand Mr X’s complaint also relates to how the application was handled by the Council. But how the Council dealt with the application is related to the planning decision which 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.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector.

Back to top

Investigator's decision on behalf of the Ombudsman