Summary: We cannot investigate Mr B’s complaint about the Council’s refusal of his planning application. This is because Mr B has put in an appeal to the Planning Inspector.

The complaint

1. Mr B complains the Council’s planning committee refused his planning application against the recommendation of Council officers. Mr B says committee members, who were distracted during the planning officer’s presentation, misunderstood a key issue which wrongly resulted in the refusal of his application. Mr B would like the Council to apologise and re-assess his planning application.

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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. (Local Government Act 1974, section 26(6)(b), as amended)
4. The Planning Inspector acts on behalf of a government minister. The Planning Inspector considers appeals about a decision to refuse planning permission.

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How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B has put in an appeal to the Planning Inspector against the Council’s refusal of his planning application. This is the process set out in law to challenge a refusal of planning permission. This appeal provides a remedy for the injustice Mr B says he has suffered because of the alleged fault. Mr B may also put in a claim for his appeal costs if he considers the Council has acted unreasonably and/or the appeal was avoidable.
8. So, we cannot investigate this complaint.

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Final decision

9. We cannot investigate this complaint because Mr B has put in an appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman