Summary: We will not investigate this complaint about the Council’s refusal of planning permission. Mr X appealed to the Planning Inspector, and we have no power to also investigate the matter.

The complaint

1. Mr X complained the Council refused his application to remove an agricultural dwelling restriction from his property. He says this meant he has had difficulties selling his property. Mr X said the matter has caused him significant distress and he is isolated as he cannot move somewhere more suitable. He wanted the appeal to be reconsidered to enable him to sell his house and move.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s complaint relates to the Council’s refusal in 2022 to remove a restriction placed upon his property in the 1990s. Mr X appealed the matter to the Planning Inspector.
6. The Planning Inspector is the body that considers appeals about planning matters, and is best placed to consider the matter. The Planning Inspector refused Mr X’s appeal. We cannot also consider the matter, and we have no power to change the Planning Inspector’s decision.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman