Summary: We cannot investigate Mr B’s complaint about the Council’s refusal of his planning application. This is because Mr B put in an appeal to the Planning Inspector.

The complaint

1. Mr B complains the Council refused his planning application but has approved a similar development nearby. Mr B says the Council has not clearly explained the difference between the two applications. Mr B says the Council’s refusal of his application has prevented him from building a home for his family.

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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 Planning Inspector considers appeals about a decision to refuse planning permission.

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How I considered this complaint

5. I considered information provided by Mr B and planning records available online.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B put in an appeal to the Planning Inspector against the Council’s refusal of his planning application. The Planning Inspector dismissed Mr B’s appeal.
8. Because Mr B put in an appeal to the Planning Inspector this means we cannot investigate his complaint about the Council’s refusal of his planning application. And, we could not investigate Mr B’s complaint about the Council approving a similar application nearby, without also investigating the Council’s refusal of Mr B’s application. So, we cannot investigate Mr B’s complaint that the Council has not treated his application fairly.

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Final decision

9. We cannot investigate Mr B’s complaint because he appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman