The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s handling of Mr X’s planning application. This is because Mr X has used his right of appeal to challenge its decision not to grant planning permission.
The complaint
Mr X complains about the Council’s decision to refuse his planning application. He says the Council ignored its policies and the National Planning Policy Framework (NPPF). He appealed against the decision to the Planning Inspectorate but the Inspectorate refused his appeal. Mr X wants the Council to reconsider his application and grant him planning permission.
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)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
Final decision
We cannot investigate this complaint. This is because Mr X has used his right of appeal to the Planning Inspectorate. We have no power to overturn the decisions of the Council or the Planning Inspectorate and cannot say the Council must grant Mr X planning permission.
Investigator's decision on behalf of the Ombudsman