The Ombudsman's final decision
Summary: We cannot investigate this complaint about the way the Council determined the complainant’s planning application. This is because the complainant exercised a right of appeal to the Planning Inspectorate in relation to the issues raised. The law says we cannot investigate in these circumstances.
The complaint
The complainant (Mr Z) is making a complaint about how the Council determined his planning application. He says the Council refused to grant him planning permission which meant he had to lodge an appeal to the Planning Inspectorate. Further, Mr Z explains the Planning Inspectorate found the Council had failed to properly hear and assess his application and did not correctly apply its policies.
In summary, Mr Z complains on the basis of the adverse findings identified by the Planning Inspectorate. He says the alleged failings caused significant and unnecessary delay. As a desired outcome, Mr Z wants the Council to be held accountable for the issues raised and to provide a sum of financial compensation to serve as acknowledge of the losses he has incurred.
The Ombudsman’s role and powers
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), as amended).
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
The Planning Inspectorate acts on behalf of the responsible Government minister and considers appeals about planning matters, including delays and a decision to refuse permission. I recognise the points Mr Z makes, but the issues raised overlap entirely with those considered by an appeal body which acts on behalf of a Government minister. The law says we have no jurisdiction to investigate where the complainant has exercised a right of appeal in these circumstances. The restriction I outline at paragraph three (above) therefore applies.
Final decision
We cannot by investigate this complaint. This is because the complainant has exercised a right of appeal to the Planning Inspectorate in relation to the issues raised. The law says we cannot investigate in these circumstances.
Investigator's decision on behalf of the Ombudsman