The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Council dealt with the complainant’s planning applications. This is because the complainant has used his right to appeal to the Planning Inspectorate.
The complaint
The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning applications.
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 X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has raised many concerns about how the Council dealt with his planning applications. But the Council’s handling of the applications is related to the planning decisions which have been appealed. The Ombudsman cannot investigate when someone has used their right to appeal to the Planning Inspector, even if the appeal did not address all the issues complained about.
Mr X has also complained about possible criminal activity. However, concerns about possible criminal offences are for the police and outside the Ombudsman’s jurisdiction.
Final decision
We cannot investigate Mr X’s complaint because he has already used his right to appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman