Summary: We will not investigate this complaint about how the Council has dealt with a planning application. This is because the complainant has not suffered significant injustice as a result of the alleged fault. We cannot investigate decisions made by the Planning Inspector.

The complaint

1. Mr X has complained about how the Council has dealt with a planning application. Mr X says the Council’s online application tracking service did not work and he was not aware that an appeal had been made against the Council’s decision to refuse planning permission. Mr X also says information was removed from the Council’s website and the Council prepared misleading and incorrect reports.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspector. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X has raised many concerns about how the Council has dealt with a planning application for a development in the area where he lives. The Council refused planning permission for the development. However, the developer used their right to appeal to the Planning Inspector. Mr X has complained about incorrect information included within the planning report and raised concerns about misleading information being provided to the Planning Inspector. Mr X says the development will have a significant impact if it is allowed.
6. However, the acceptability of the development will now be determined by the Planning Inspector. The Ombudsman cannot investigate decisions made by the Inspector. Mr X also had the opportunity to comment on the appeal and raise his concerns about the application.
7. Mr X signed up to the Council’s planning application tracking service. However, he says he was not notified when the developer submitted an appeal against the Council’s planning decision. He also says he was not informed when the status of another application changed. But I do not consider Mr X has suffered any significant injustice because of any alleged fault in this regard. Mr X was still aware that an appeal had been made. The Council also refused permission for the second application Mr X has referred to.

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Final decision

8. We will not investigate Mr X’s complaint because he has not suffered any significant injustice as a result of the alleged fault. The Ombudsman cannot investigate decisions made by the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman