The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Council dealt with the complainant’s planning application or pre application advice request. This is because the complainant has used their right to appeal to the Planning Inspector.
The complaint
The complainant, whom I shall refer to as Mrs X, has complained about how the Council dealt with her planning application and request for pre application advice. She says there were long delays by the Council, and she disputes its reasons for refusing planning permission. Mrs X says she has suffered financial losses and her family has been caused emotional stress because of the Council’s actions.
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 Mrs X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Mrs X’s complaint about the Council’s decision to refuse her planning application. This is because she has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right.
I understand Mrs X’s complaint also relates to delays and lack of communication from the Council. But these matters are related to the planning decision which has been appealed. Once an appeal to the Planning Inspector has been made, the Ombudsman no longer has jurisdiction to consider anything related to the appealed application, even if the appeal will not address all the issues complained about.
Final decision
We cannot investigate Mrs X’s complaint because she has already used her right to appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman