Summary: We will not investigate this complaint about the way the Council dealt with the complainant’s planning applications. This is because the complainant has appealed to the Planning Inspectorate which acts on behalf of the relevant Government minister. We have no jurisdiction to investigate in these circumstances.

The complaint

1. Mr X complains the Council failed to have proper regard to the material circumstances thereby delaying and preventing the grant of planning permission.
2. He wants an apology and compensation.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The complainant has appealed to the Planning Inspectorate against the Council’s decisions on his planning applications.
8. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal did not address all the issues complained about. We have no legal jurisdiction to investigate in these circumstances.

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Final decision

9. We will not investigate Mr X’s complaint because he has already appealed to the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman