Summary: We cannot investigate Mr X’s complaint about refusal of his planning application. Mr X has appealed to the Planning Inspector placing this complaint outside our jurisdiction.

The complaint

1. Mr X complains there were errors in the handling of his retrospective planning application.

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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 tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. 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. Mr X applied for retrospective planning for a detached outbuilding to be used as an office. The Council refused the application. Mr X says there were errors in the Council’s consideration of the application.
8. Mr X has appealed to the Planning Inspector. We do not have the power to investigate this complaint because it is not separable from matters being appealed.

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Final decision

9. We will not investigate Mr X’s complaint because he has used his right to appeal to the Planning Inspector placing this complaint outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman