Summary: We will not investigate this complaint about the Council’s handling of the complainant’s planning application, and the subsequent complaint process. The law does not allow us to investigate where the complainant has already used their right of appeal to the Planning Inspectorate. It would also not be a good use of our resources to look at the Council’s subsequent complaint handling in isolation.

The complaint

1. Mr X complains the Council has failed to properly address procedural concerns he raised about the handling of his planning application. He says he was not asking the Council to re-decide the planning merits of the proposal, but to consider whether factual inaccuracies, exaggeration of amenity harm, failure to properly consider conditions, and reliance on matters not forming part of the validated application amounted to fault in the original officer assessment.

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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)
4. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I considered:
• information provided by Mr X and the Council, which included their complaint correspondence.
• information about the planning application, as available on the Council’s website.
• the Ombudsman’s Assessment Code.

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My assessment

6. I appreciate Mr X says he is complaining about procedural issues in the handling of his application, rather than the outcome itself.
7. But Mr X’s concerns are still related to the planning decision, which has been appealed. With reference to paragraph 3 above, the Ombudsman cannot investigate when someone has appealed to the Planning Inspectorate, even if the appeal could not address, or provide a remedy for, all the issues or injustice being complained about.
8. And, with reference to paragraph 4, as we cannot look at the main issues being complained about, it would not be a good use of our resources to look at the Council’s associated complaint handling in isolation.

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Final decision

9. We cannot investigate Mr X’s complaint about the handling of his planning application because he has already used his right of appeal to the Planning Inspectorate. It would also not be a good use of our resources to look at the Council’s subsequent complaint handling in isolation

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Investigator's decision on behalf of the Ombudsman