The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications. This is because the complainant has the right to appeal to the Planning Inspector. We cannot investigate the complainant’s concerns about the Council’s decision to take enforcement action. This is because he has already appealed to the Planning Inspector.
The complaint
The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning applications and its decision to take enforcement action. Mr X says there have been many failures by the Council and officers have been dishonest and incompetent. Mr X says he has been caused significant stress and suffered financial losses 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 law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b)) 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 Ombudsman’s Assessment Code.
My assessment
We cannot consider Mr X’s complaint about the Council’s decision to take enforcement action. This is because Mr X has appealed to the Planning Inspector against the enforcement notice. The Ombudsman has no jurisdiction to consider complaints where the matters complained about have already been appealed.
Mr X has also complained about how the Council has dealt with the planning applications he has made over the last few years. However, if Mr X disagrees with the planning decisions, he can appeal to the Planning Inspector. He also could have chosen not to withdraw one of his applications and appealed if the Council refused planning permission.
I understand Mr X has raised many concerns about the Council’s handling of the applications. But these matters are related to the planning decisions which could be appealed. The Ombudsman cannot investigate when someone can appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.
Final decision
We will not investigate Mr X’s complaint because he has the right to appeal to the Planning Inspector. Mr X has already appealed against the Council’s enforcement notice and therefore this part of his complaint is outside the Ombudsman’s jurisdiction.
Investigator's decision on behalf of the Ombudsman