The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the Council’s refusal of his planning application for a dropped kerb. Mr X has appealed to the Planning Inspectorate, so we do not have the power to consider the complaint.
The complaint
Mr X complains the Council did not properly assess his planning application for a dropped kerb and vehicle crossover. He says the Council did not properly consider relevant information about his husband’s health needs, failed to meet its statutory duties, and handled his complaint poorly.
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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied for planning permission for a dropped kerb and vehicle crossover at his property. He says this was needed because of his husband’s disabilities. The Council refused the application.
Mr X appealed the Council’s refusal to the Planning Inspectorate. This means we do not have the power to investigate the Council’s decision to refuse planning permission.
Mr X’s wider concerns are closely linked to the planning decision. This includes his concerns about the information the Council considered, whether it took account of his husband’s health needs, comparable applications nearby, and how it reached its decision. These matters are not separable from the planning application, which has been subject to appeal. We therefore cannot consider them separately.
Mr X also complains of poor communication and complaint handling. We will not investigate this part of Mr X’s complaint because it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issues.
Final decision
We cannot investigate Mr X’s complaint. Mr X has appealed to the Planning Inspectorate, so we do not have the power to consider the complaint.
Investigator's decision on behalf of the Ombudsman