Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector.

The complaint

1. Mr X has complained about how the Council dealt with his planning application. He says the Council’s planning decision was unjust and he believes he was treated unfairly. Mr X says the Council granted permission for a similar development in the area around the same time his application was refused. Mr X says the reasons given for approving this application also applied to his proposed scheme and the Council’s grounds for rejecting his application were unwarranted. Mr X says the Council should compensate him for his planning costs.

Back to top

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. 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)
4. 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. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because he has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right.
8. Mr X has said his complaint is not related to the planning appeal. Instead, his concerns are about how the Council dealt with his application compared to a similar application determined around the same time. Mr X says the Council’s unfair treatment of his application led to a decision that was wrong and it should refund his costs. However, the issues Mr X has raised are related to the planning decision which he appealed and his application to the Inspector for an award of costs. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal cannot or will not address all the issues complained about.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because he has used his right to appeal to the Planning Inspector.

Back to top

Investigator's decision on behalf of the Ombudsman