Summary: We will not investigate this complaint about a failure to declare a personal interest and what was said at a planning meeting. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has appealed to the Planning Inspector.

The complaint

1. Mr & Mrs X complain that a planning committee member failed to declare a personal interest in their planning application. They say he then made false statements which led to their application being refused.

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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 tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
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.

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How I considered this complaint

5. I considered information provided by Mr & Mrs X including the Council’s responses to them.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr & Mrs X’s complaint because Mr & Mrs X have used their right of appeal to the Planning Inspector. We are therefore prevented from investigating any matters relating to the Council’s decision to refuse their planning application.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman