Summary: We will not investigate Mr B’s complaint about the Council’s refusal to grant planning permission for roller shutters for his business. This is because it is reasonable for Mr B to put in an appeal to the Planning Inspector.

The complaint

1. Mr B complains the Council has refused to grant planning permission for metal roller shutters for his business. Mr B says these shutters are needed for the prevention of crime. Mr B would like the Council to allow him to keep these shutters which have stopped all criminal activities against his business.

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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. The Act 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)
4. We cannot investigate a complaint if someone has already appealed to a government minister.
5. The Planning Inspector acts on behalf of the responsible Government minister. 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 B and planning records available on the Council’s website.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr B’s complaint is mainly about the Council’s refusal of his application made in 2021 for planning permission for shutters for his business.
9. Mr B put in an appeal to the Planning Inspector against the Council’s refusal of this application. Because Mr B appealed to the Planning Inspector, this means we cannot investigate his complaint about the Council’s consideration of this application.
10. Recently the Council has decided a new planning application put in by Mr B for shutters. The Council has also refused this application.
11. Mr B may put in an appeal to the Planning Inspector against this decision. I find it is reasonable for Mr B to do this. The Planning Inspector is independent and has the power to overturn the Council’s decision and grant planning permission. So, we will not investigate the Council’s most recent planning decision.
12. In addition, it is reasonable to expect Mr B to put in an appeal to the Planning Inspector if the Council issues him with an enforcement notice which requires him to remove the shutters.
13. The dispute between Mr B and the Council about whether these shutters are acceptable in planning terms is for the Planning Inspector to decide via these rights of appeal, not the Ombudsman.

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Final decision

14. We will not investigate Mr B’s complaint because it is reasonable for him to put in an appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman