The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s handling of a planning application. This is because the issues raised have been appealed to the Planning Inspectorate which acts on behalf of the relevant Government minister. We have no jurisdiction to investigate in these circumstances.
The complaint
The complainant (Mr X) complains about the Council’s handling of a planning application. He says the Council did not follow procedure in supplying him with information as he should have been. In summary, Mr X says the alledged fault means he will now have a restricted byway running through his property which will affect his use and enjoyment of his home. As a desired outcome, Mr X wants the Council to review the matter and inform the Planning Inspectorate of its failings during so these can be considered during its consideration of the application.
The Ombudsman’s role and powers
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).
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 Council and complainant has confirmed there is ongoing case with the Planning Inspectorate which appears to be ongoing. We cannot investigate a matter which forms the substance of what the Planning Inspectorate is considering. We have no legal jurisdiction to investigate in these circumstances.
Final decision
We cannot investigate this complaint. This is because the restriction I outline at paragraph two (above) applies.
Investigator's decision on behalf of the Ombudsman