The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to determine three planning applications. This is because the complainant used their right of appeal to the Planning Inspector.
The complaint
Ms X complained on behalf of a development company, that the Council did not decide three planning applications from May 2020 onwards, then refused to consider the issue via its complaints process. The developer has spent considerable time and resources chasing the matter and submitted appeals at a considerable cost. This has caused significant delays and distress.
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 the complainant.
I considered the Ombudsman’s Assessment Code .
Final decision
We will not investigate Ms X’s complaint because the development company used its right of appeal to the Planning Inspector. This means we are prevented in law from considering the complaint.
Investigator's decision on behalf of the Ombudsman