Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications. This is because the complainant has appealed, or could have appealed, to the Planning Inspector.

The complaint

1. Mr X has complained about how the Council dealt with his planning applications and its decisions to refuse planning permission. Mr X says he has incurred significant costs because of the Council’s actions.

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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)
4. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
5. 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

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. Mr X has complained about the Council’s decisions to refuse his planning applications and says he has only needed to submit his recent application because of errors by the Council. However, the Ombudsman cannot investigate Mr X’s complaint about the Council’s decisions to refuse his planning applications. This is because he appealed to the Planning Inspector about the Council’s decisions and the Ombudsman cannot investigate matters where someone has already used their appeal right.
8. Mr X has also complained about the planning conditions placed on his recent application. However, Mr X could have appealed to the Planning Inspector if he disagreed with the conditions. I consider it would have been reasonable for Mr X to have used his right to appeal. The Ombudsman will not usually investigate when someone had the right to appeal, even if the appeal would not address all the issues complained about.

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Final decision

9. We will not investigate Mr X’s complaint because he has appealed, or could have appealed, to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman