The Ombudsman's final decision
Summary: We cannot investigate Ms B’s complaint about the Council’s refusal of her planning application. This is because Ms B appealed to the Planning Inspector.
The complaint
Ms B complains the Council has not granted planning permission to allow her to extend the period of occupancy of a property she owns.
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. (Local Government Act 1974, section 26(6)(b), as amended) The Planning Inspector acts on behalf of the responsible Government minister. 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 Ms B.
I considered the Ombudsman’s Assessment Code.
Final decision
Ms B put in an appeal to the Planning Inspector against the Council’s decision. This means we cannot investigate her complaint and have no discretion to start an investigation.
Investigator's decision on behalf of the Ombudsman