Summary: We cannot investigate this complaint about the Council providing incorrect information to a planning committee and its subsequent decision to refuse planning permission. Mr X has appealed to the planning inspectorate about this matter and therefore the law says we cannot investigate.

The complaint

1. Mr X complained the Council failed to remove an objection to his planning application which had been withdrawn by the objector, from a report before a planning committee considered it.
2. Mr X said this created an unfair influence on the planning decision and was a major factor in the decision to refuse the application.

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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)
5. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• delay – usually over eight weeks – by an authority in deciding an application for planning permission;
• a decision to refuse planning permission;
• conditions placed on planning permission; and
• a planning enforcement notice.

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How I considered this complaint

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

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My assessment

8. Mr X complained the Council failed to remove an objection to his planning application which had been withdrawn, from a report before it presented it to a planning committee.
9. The available evidence shows Mr X appealed to the Planning Inspectorate about the refusal of his planning permission. Mr X included the matters he complained to the Ombudsman about, in his appeal.
10. As outlined in paragraph four, the law prevents us from investigating a complaint where someone has appealed to a government minister about the same issue. For this reason, we cannot investigate this complaint.

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Final decision

11. We cannot investigate Mr X’s complaint because Mr X has already appealed to the Planning Inspectorate about the matter.

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Investigator's decision on behalf of the Ombudsman