Summary: We cannot investigate this complaint about the Council’s delay in determining Mr X’s planning application and its refusal of it. This is because the complaint falls outside our jurisdiction due to his use of appeal rights to the Planning Inspectorate.

The complaint

1. Mr X complains about the Council’s handling of his planning application which he says was deliberately delayed by a planning officer who wanted to “punish” him for refusing to agree to an extension of time request to determine the application and about the vexatious refusal to grant permission now the application has been determined.

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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 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 the complainant’s representative, including the Council’s response to the complaint.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The restriction highlighted at paragraph 3 applies to Mr X’s complaint because he has used his appeal rights to the Planning Inspectorate which acts on behalf of the government minister. As this is the case, the complaint falls outside our jurisdiction and cannot be pursued.
8. Mr X also complains about the Council’s handling of his complaint but we will not investigate complaint handling when we cannot investigate the substantive issue.

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Final decision

9. We cannot investigate Mr X’s complaint because it falls outside our jurisdiction due to his use of appeal rights to the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman