Summary: We cannot investigate this complaint about the Council leaving a s.106 agreement in draft form when it refused Mr X’s planning application. Mr X used his right to appeal to the Planning Inspector and the matter complained of its not separable from that.

The complaint

1. Mr X said the Council left a s.106 agreement in draft form when it refused his planning application. He said this meant the Planning Inspector was unable to complete the necessary work when over-turning the Council’s refusal.

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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. 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
• A planning enforcement notice.

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

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My assessment

7. Mr X’s appeal to the Planning Inspector means we cannot investigate this complaint. That the appeal did not provide a full remedy against the Council’s refusal of planning permission, and may have created a further issue, does not create a separable matter we have the legal power to investigate.

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Final decision

8. We cannot investigate Mr X’s complaint because he has used his right of appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman