Castle Point Borough Council (24 019 835)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 19 Feb 2025
The Ombudsman's final decision:
Summary: We cannot investigate Mr B’s complaint about the Council’s refusal of his planning application. This is because Mr B put in an appeal to the Planning Inspector.
The complaint
- Mr B complains the Council wrongly refused his planning application and did not apply relevant Council planning policy. Mr B says he successfully appealed this decision to the Planning Inspector but had to wait 14 months for the appeal decision. Mr B says he has suffered significant financial loss and mental distress due to the delay getting planning permission which the Council should have granted.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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.
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B put in an appeal to the Planning Inspector against the Council’s refusal of his planning application. This is the process set out in law to challenge a refusal of a planning application.
- Because Mr B put in an appeal this means we cannot investigate his complaint about the Council’s refusal of his planning application and have no discretion to start an investigation.
- Also, the courts have held that this restriction to our powers applies even if the appeal did not or could not put right all the injustice a person says they have suffered because of the alleged fault.
Final decision
- We cannot investigate Mr B’s complaint because he put in an appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman