Summary: We cannot investigate Mr X’s complaint about the Council’s handling of his planning application. This is because Mr X has appealed against the Council’s decision to refuse the application.

The complaint

1. Mr X complains the Council did not properly understand the flood management system he proposed for the development of a site in its area.

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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 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 X and the Ombudsman’s Assessment Code.

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My assessment

6. Although Mr X complains about the way the Council reached its decision to refuse his planning application, the injustice he claims results from the decision itself. Mr X has now appealed against the decision to the Planning Inspector and we cannot investigate any complaint about the decision or the way it was reached as this would overlap with the role of the Planning Inspector.

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Final decision

7. We cannot investigate this complaint. This is because Mr X has used his right of appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman