The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint, made on behalf of Mrs X, about how the Council determined her planning application. Mrs X has used her right of appeal to the Planning Inspectorate against the Council’s refusal decision. We do not have jurisdiction to investigate where someone has used that appeal right.
The complaint
Mr X lives with Mrs X. She applied to the Council for planning permission for a new development on their property, which was refused by the planning committee.
Mr X complains about the way the Council dealt with his wife’s planning application. He says officers made material errors which affected the committee’s decision.
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 tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended) The Planning Inspectorate acts on behalf of the responsible Government minister. The Inspectorate 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; planning enforcement notices.
How I considered this complaint
I considered information provided by Mr X, the Ombudsman’s Assessment Code, and relevant online planning information about the application.
My assessment
Mrs X’s use of her appeal to the Planning Inspectorate means we have no jurisdiction to investigate this complaint. The legislation which sets out the limits of our powers prevents us from investigating it, or any part of the process once the application was submitted.
Mrs X’s planning proposal is now before the Inspectorate for its consideration. Whether planning permission should be granted is now a matter for the Inspectorate. It is an expert body whose decisions are binding on the Council. It will consider her application afresh. The Inspectorate can also consider costs applications. If Mr and Mrs X believed the appeal would not have been necessary had the Council dealt with the matter reasonably, it was open to them to submit a claim for their costs as part of their appeal.
Final decision
We cannot investigate Mr X’s complaint, made on behalf of Mrs X, because Mrs X’s use of her appeal to the Planning Inspectorate against the Council’s refusal of her application takes the matter outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman