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 and its decision to refuse planning permission. Mr X says he has incurred costs and his health has suffered because of the Council’s actions.

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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. 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 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))

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How I considered this complaint

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

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My assessment

6. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because Mr X has appealed to the Planning Inspector and the Ombudsman cannot investigate when someone has already used their appeal right.
7. Mr X has raised concerns about how the Council dealt with his application. However, the issues Mr X has raised are related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal did not address all the issues complained about.

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Final decision

8. We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman