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 appealed to the Planning Inspector.
The complaint
The complainant, whom I shall refer to as Mrs X, has complained about how the Council has dealt with her planning applications. She says the planning officer made false and misleading statements, failed to consider material information and disregarded procedures. Mrs X says the Council’s actions have caused uncertainty and financial losses.
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 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 says her complaint is not about the planning decision. Instead, her concerns relate to how the Council dealt with the application. However, the Council’s handling of 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 will not address all the issues complained about.
Mrs X can also complain to the Planning Inspector about the Council’s decision to refuse her most recent application. I consider it would be reasonable for Mrs X to use her appeal right and the Ombudsman will not usually investigate when someone has a right to appeal.
Final decision
We will not investigate Mrs X’s complaint because she has appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman