The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint about the Council’s refusal of his planning application. This is because Mr B put in an appeal to the Planning Inspector.
The complaint
Mr B complains the Council wrongly refused his planning application for a dropped kerb.
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 a decision to refuse planning permission.
How I considered this complaint
I considered information provided by Mr B. I have also read the Planning Inspector’s decision on Mr B’s appeal which is available on the Planning Inspector’s website.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B put in an appeal to the Planning Inspector against the Council’s refusal of his planning application. The Planning Inspector dismissed Mr B’s appeal.
Because Mr B used his right of appeal to the Planning Inspector, this means we cannot investigate his complaint about the Council’s decision on his planning application.
Final decision
We cannot investigate Mr B’s complaint because he has appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman