The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that the Council has delayed deciding his planning application. This is because it is reasonable for Mr B to put in an appeal to the planning inspector.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has delayed deciding his planning application. Mr B says he is suffering significant financial losses because of the Council’s delay.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B has a right of appeal to the planning inspector against the Council’s delay deciding his planning application. I find it is reasonable for Mr B to use this right of appeal because the planning inspector has the power to grant planning permission.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for Mr B to put in an appeal to the planning inspector.
Investigator's decision on behalf of the Ombudsman