The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector. We will also not consider the complainant’s concerns the Council breached a legal agreement as the matter is better dealt with by the courts.
The complaint
The complainant, whom I shall refer to as Mr X, has complained about how the Council has dealt with his planning application. He says the Council has treated him unfairly and its decision to refuse his application is inconsistent with other planning decisions in the area. Mr X has also complained the Council breached legal agreements relating to the land. Mr X says he has 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 could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because he 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 Mr X has also complained about how the application was handled by the Council. But how the Council dealt with the application is related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal did not address all the issues complained about.
Mr X has complained the Council breached a legal agreement relating to the site and says it should compensate him. But this would be a matter better dealt with by the courts.
Final decision
We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector. Mr X’s concerns about the Council breaching a legal agreement are best dealt with by the courts.
Investigator's decision on behalf of the Ombudsman