Summary: We will not investigate this complaint about the decision to grant planning permission, the operation of the planning appeal process and the lack of planning enforcement action. The planning decisions and the appeal process are matters for the Planning Inspectorate and therefore outside our jurisdiction. There is not enough evidence of fault in the way the Council considered the reports of breaches of planning control. Finally, we cannot achieve the outcome the complainant is seeking.

The complaint

1. Mr X complains about:
• the approval of a planning application for new houses next to his home
• the Council’s failure to provide relevant information to the Planning Inspectorate; and
• a failure to ensure the new properties are built according to the planning approval.

He wants the houses demolished.

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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 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)
4. 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.

5. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered:
• information provided by the Mr X
• information on the Council’s website; and
• information on the Planning Inspectorate website.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Planning Inspector decided to grant planning and is therefore outside our jurisdiction.
9. The provision of documents to the Planning Inspectorate during an appeal is managed under its own processes/procedures. With reference to paragraph four above, it is outside our jurisdiction to comment on or consider complaints about such matters.
10. The Council has confirmed it has completed many planning enforcement investigations on the site. It also confirms it has found no breaches of planning control.
11. Mr X wants the houses demolished. This is not something the Ombudsman can achieve.

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Final decision

12. We will not investigate Mr X’s complaint because:
• any complaint about the decision to approve the Planning Inspector’s decision to approve the planning application is outside our jurisdiction
• any complaint about the planning appeals process is a matter for the Planning Inspector and is outside our jurisdiction
• there is insufficient evidence of fault in the way the Council considered reports of breaches of planning control; and
• we cannot require the developer to demolish the houses.

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Investigator's decision on behalf of the Ombudsman