The Ombudsman's final decision
Summary: We will not investigate this complaint about delay in dealing with a planning application because Ms X could appeal to a Planning Inspector.
The complaint
Ms X says that the Council took too long to process her planning application.
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
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 delays by the Council in processing her planning application led to an increase in her council tax liability. Any dispute about delay in determining a planning application can be appealed to a Planning Inspector. I see no reason why such an appeal could not be carried out. The complaint is therefore out of jurisdiction.
Final decision
We will not investigate Ms X’s complaint because she could appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman