Summary: We cannot investigate Mr X’s complaint about the Council’s refusal of his planning application. This is because he has used his right of appeal to the Planning Inspectorate.

The complaint

1. Mr X complains about the Council’s decision to refuse his planning application. He says the Council’s decision is inconsistent with prior decisions it made on similar applications in the same site. Mr X appealed the Council’s decision to the Planning Inspectorate, which dismissed his appeal.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The outcome of previous or similar planning applications will not determine the outcome of later applications. The Council must consider each planning application on its own merits.
7. In any event, Mr X has used his alternative right of appeal to the Planning Inspectorate. Therefore, the law prohibits us from investigating the Council’s initial refusal decision. This is the case even though the Planning Inspectorate dismissed his appeal.

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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 Inspectorate.

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Investigator's decision on behalf of the Ombudsman