The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s delay in determination and refusal of Mr X’s planning applications. It was reasonable for him to appeal to a government minister for the delay and the decisions on his applications.
The complaint
Mr X complained about the Council delaying a decision on a planning application which he submitted in 2021. He also complained about the Council’s decision to refuse two applications which he has submitted in the past two years.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council delayed determination of a planning application which he submitted in 2021. The Council told him that it went beyond the statutory 8 weeks but this was partly due to changes made to the application following advice about it. The application was determined in January 2022 and was refused.
Mr X submitted a further application for the same site and tis was also later refused outside the 8 weeks statutory timescale.
We will not exercise discretion to investigate this complaint. It was reasonable for Mr X to appeal both the delay and the decisions on his complaint. He has engaged the services of a solicitor who has made it clear to the Council he is aware of the right of appeal. It was reasonable to appeal to the Planning Inspectorate which is the proper authority to decide such matters.
Final decision
We will not investigate this complaint about the Council’s delay in determination and refusal of Mr X’s planning applications. It was reasonable for him to appeal to a government minister for the delay and the decisions on his applications.
Investigator's decision on behalf of the Ombudsman