Summary: We cannot investigate Mrs X’s complaint about the Council’s refusal to grant planning permission. This is because Mrs X has exercised her appeal rights.

The complaint

1. Mrs X applied for planning permission to erect a detached dwelling.
2. The Council refused her planning application. Mrs X complains about the Council’s decision and the way it handled her application.

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The Ombudsman’s role and powers

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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complains about the Council’s decision to refuse her planning application. She feels that the Council did not handle her case properly and is unhappy with its decision to refuse her application.
7. Whilst I acknowledge her frustration, I note that Mrs X has already lodged an appeal against the Council’s decision.

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Final decision

8. We cannot investigate Mrs X’s complaint because she has already appealed to a government minister.

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Investigator's decision on behalf of the Ombudsman