Summary: We cannot investigate this complaint about the Council’s decision to refuse listed building consent. The complainant has exercised her right of appeal to the Planning Inspector. We have no jurisdiction to investigate in these circumstances.

The complaint

1. The complainant (Mrs B) is complaining about the Council’s handling of various planning applications she submitted for listed building consent and its decision to refuse each of these. She says the refusal is causing a serious delay to much need home renovations which is adversely affecting her family’s wellbeing. As a desired outcome, Mrs B wants the Council to give listed building consent.

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The Ombudsman’s role and powers

2. 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).

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How I considered this complaint

3. I considered information provided by the complainant and the Council. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Buildings that are considered to have significant historic or architectural interest may be recorded and graded on the National Heritage List for England. The grades of listed buildings are as follows:

• Grade I – buildings of exceptional interest;
• Grade II – buildings of special interest; and
• Grade II* – particularly important buildings of more than special interest.

5. If a building is listed, it is subject to an additional layer of planning control and protection. In addition to any required planning permission, any work to a listed building will also need listed building consent from the local planning authority.
6. I have reviewed the Council’s planning records and note Mrs B has submitted four planning applications to the Council since 2023 in respect of various development works which require listed building consent. In each case, the Council has refused to give consent. However, the Council has confirmed that Mrs B, in two of the cases, has appealed to the Planning Inspector.
7. I recognise Mrs B is unhappy with the Council’s decision to refuse planning consent, but we cannot by law investigate a complaint where the complainant has exercised their right of appeal to the Planning Inspector. The restriction I outline at paragraph two (above) applies.

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Final decision

8. We cannot investigate this complaint because we have no legal jurisdiction to investigate a planning matter where the complainant has exercised their right of appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman