Summary: We cannot investigate Ms B’s complaint about the Council’s refusal of her planning application. This is because Ms B appealed to the Planning Inspector.

The complaint

1. Ms B complains the Council has not granted planning permission to allow her to extend the period of occupancy of a property she owns.

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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. (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.

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How I considered this complaint

5. I considered information provided by Ms B.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. Ms B put in an appeal to the Planning Inspector against the Council’s decision. This means we cannot investigate her complaint and have no discretion to start an investigation.

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Investigator's decision on behalf of the Ombudsman