Summary: We will not investigate this complaint about the way the Council considered Ms X’s planning application. She appealed to the Planning Inspectorate. The law says we cannot consider this complaint, even if her appeal does not address all the issues Ms X complains about.

The complaint

1. Ms X complains the Council failed to properly deal with her planning application. She says the Council:
• Delayed in dealing with her planning application.
• Failed to contact her for four months.
• Mis-stated critical facts.
• Provided inconsistent guidance; and
• Forced her to make an unnecessary appeal.
2. She wants financial redress, a review of the planning process and publication of clear conservation area guidance.

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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 Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X appealed to the Planning Inspectorate against the Council’s decision on her planning application.
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 Ms X’s complaint because she has already exercised to appeal to the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman