Summary: We will not investigate Mr X’s complaint about the Council’s handling of and decision on his planning application for a rear extension. Mr X used his right of appeal to the Planning Inspectorate against the Council’s decision to refuse his application, which takes that planning matter outside our jurisdiction.

The complaint

1. Mr X is a planning applicant. He applied for permission for a rear extension on a property which the Council refused. Mr X appealed to the Planning Inspectorate which refused the appeal. He lodged a second planning application to the Council, with amended plans, which the Council granted permission. He complains the Council:
1. treated him unfairly when dealing with the refused planning application;
2. changed its position on what would be the acceptable siting and design of the refused extension during the planning process;
3. dealt with the refused application differently compared with similar applications he has made and did not explain why.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
3. The Planning Inspectorate acts on behalf of the responsible Government minister. The 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.

4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. We cannot investigate Mr X’s complaint. This is because Mr X appealed against the Council’s decision on his refused planning application to the Planning Inspectorate. His use of that appeal against the Council’s refusal decision takes that entire planning matter outside our jurisdiction.
7. We recognise Mr X’s concerns in his complaint to us include alleged inconsistency in the Council’s decision-making, its handling of his application and the actions of some of its officers. We accept the Inspectorate appeal may not have considered these issues. 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 down in this court judgement, referenced above in paragraph four, applies wherever a complainant has used a formal right of appeal other than through court proceedings, including a Planning Inspectorate appeal. This limitation on our jurisdiction applies even if the appeal did not or could not provide a complete remedy for all the injustice claimed. The limitation is also not altered by or dependent upon the outcome of the appeal. So we cannot investigate the Council’s involvement in the refused planning application because Mr X used his Planning Inspectorate appeal right.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because he used his right of appeal to the Planning Inspectorate against the Council’s decision to refuse his application decision, which takes that planning matter outside our jurisdiction.

Back to top

Investigator's decision on behalf of the Ombudsman