Summary: We will not investigate this complaint that the Council refused the complainant’s planning application, yet other developments nearby are considered acceptable. The complainant has already appealed to the Planning Inspector, which places their complaint outside our jurisdiction.

The complaint

1. Mr X complains his planning application was refused, yet permission has been granted for similar proposals on other sites nearby.

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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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council, which included their complaint correspondence. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The restriction detailed in paragraph 3 above applies to this complaint, as Mr X has already used his right of appeal to the Planning Inspector against the Council’s refusal of his planning application. The Ombudsman cannot therefore investigate his complaint.

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Final decision

6. We cannot investigate Mr X’s complaint because he has already appealed to the Planning Inspector against the Council’s refusal of his planning application.

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Investigator's decision on behalf of the Ombudsman