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 has appealed to the Planning Inspector.
The complaint
Mr B complains about the Council’s refusal of his planning application. Mr B says the planning officer wrote a biased report and did not provide relevant information to committee members. Mr B also says it was clear members had not looked at the application before the meeting. Mr B considers the Council has treated him unfairly and has allowed similar proposals nearby. Mr B would like the Council to grant his application planning permission and replace Council planning officers.
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 B.
I considered the Ombudsman’s Assessment Code.
My assessment
The issues Mr B complains about are all linked to the Council’s refusal of his planning application.
Mr B has put in an appeal to the Planning Inspector against the Council’s refusal of his planning application. This is the process set out in law for an applicant to challenge a decision of a local planning authority. We would generally expect this process to be used.
Unlike the Ombudsman, the Planning Inspector has the power to overturn the Council’s decision and grant planning permission. Also, Mr B may put in a claim for his appeal costs if he considers the Council has acted unreasonably and/or his appeal was avoidable.
Because Mr B has used his right of appeal, we have no discretion to investigate his complaint.
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