The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications and a breach of planning control. This is because the complainant has appealed to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.
The complaint
Ms X has complained about how the Council dealt with her planning applications. Ms X says the proper processes were not followed and she disagrees with the Council’s decision to refuse planning permission. Ms X has also complained about the Council’s decision to take enforcement action against her and that it has declined to determine her recent application.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Ms X’s complaint about the Council’s decision to refuse planning permission or its decision to take enforcement action against her. This is because she has appealed to the Planning Inspector about the Council’s planning decision and the enforcement notice. The Ombudsman cannot investigate matters where someone has already used their appeal right.
Ms X has complained about how the Council dealt with the planning application. But how the Council dealt with 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.
Ms X has also complained the Council has declined to determine her recent application. The Town and Country Planning Act gives local planning authorities the power to decline to determine applications in certain circumstances. This includes when planning permission has already been refused for a similar application at the site. The Council can also decline to determine a retrospective application if in doing so it would be granting permission for matters specified in a pre-existing enforcement notice.
In this case, the Council has declined to determine Ms X’s application as it says the application is similar to one it has already refused and it does not consider there has been any significant changes or new information since the Planning Inspector dismissed Ms X’s appeal. The Council also said granting the application would involve granting permission for matters specified in the enforcement notice for the site.
I understand Ms X disagrees, but this was a decision the Council was entitled to make, and I am satisfied it has properly explained its reasons for not determining the application.
Final decision
We will not investigate Ms X’s complaint because she has appealed to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.
Investigator's decision on behalf of the Ombudsman