The Ombudsman's final decision
Summary: We will not investigate this complaint about delay in determining a planning application as there is a right of appeal to a Planning Inspector.
The complaint
Ms X complains about delay by the Council in determining a 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 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 her parents in law submitted a planning application which the Council has taken over 18 months (so far) to determine.
There is a right of appeal to a Planning Inspector where further time to determine a planning application has not been agreed. 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.
The complaint is therefore out of jurisdiction.
Final decision
We will not investigate Ms X’s complaint because the mater can be appealed to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman