The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s delay in determining his planning application. This is because it would have been reasonable for Mr X to appeal to the Planning Inspectorate.
The complaint
The complainant, Mr X, complains the Council delayed in dealing with his planning application. He says that as a result of the delay he has lost income.
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 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied for planning permission from the Council in May 2021. He complained to us in May 2022 as his application remained undecided and the Council had not provided any updates about the case.
Final decision
We will not investigate this complaint. This is because the law provides a right of appeal for non-determination (delay) and we consider it would have been reasonable for Mr X to use it in this case.
Investigator's decision on behalf of the Ombudsman