The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council dealt with her planning application. The complainant had a right of appeal to a Planning Inspector.
The complaint
Ms X made a planning application in 2018. She says the Council took too long to determine it and did not do so properly.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b)) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that the Council did not process her planning application properly. Any dispute about the merit of a planning decision or the time taken can be appealed to a Planning Inspector. The Planning Inspectorate is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Final decision
We will not investigate Ms X’s complaint because there was a right of appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman