Summary: We cannot investigate this complaint about the Council’s decision to refuse planning permission. This is because Dr X has already appealed to the Planning Inspectorate.

The complaint

1. Dr X complained about the Council’s decision to refuse planning permission for a fast-food mobile vehicle in his garden, and how the Council made its decision.
2. Mr X wants the Council to reconsider its decision.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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.

5. 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)

Back to top

How I considered this complaint

6. I considered information provided by Dr X.
7. I considered the Ombudsman’s Assessment Code.

Back to top

Final decision

8. We cannot investigate this complaint because Dr X has already appealed to the Planning Inspectorate.

Back to top

Investigator's decision on behalf of the Ombudsman