The Ombudsman's final decision
Summary: We cannot 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.
The complaint
The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning application. He says there were delays, a lack of communication and the case officer asked for unnecessary information. Mr X has also complained about how the Council dealt with his complaint.
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 Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Mr X’s complaint about how long it took the Council to deal with his application. This is because Mr X appealed to the Planning Inspector for non-determination and the Ombudsman cannot investigate matters where someone has already used their appeal right.
I understand Mr X has raised additional concerns about how the Council dealt with his application and says it should compensate him. However, these issues are related to the matter that 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 or provide a complete remedy for all the injustice claimed.
Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.
Final decision
We cannot investigate Mr X’s complaint because he has appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman