The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with the complainant’s applications for planning permission and listed building consent. This is because the complainant has the right to appeal to the Planning Inspectorate.
The complaint
Mr X has complained on behalf of Mrs Y about how the Council has dealt with Mrs Y’s applications for planning permission and listed building consent. Mr X says there have been long delays and the case officer has not taken the information they have provided into consideration. Mr X says Mrs Y will suffer financial losses because of the Council’s delays.
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 Ombudsman’s Assessment Code.
My assessment
Mrs Y’s planning application and application for listed building consent are still awaiting a decision. Mr X has complained about how long it is taking the Council to determine the applications. However, Mrs Y could have appealed to the Planning Inspector after eight weeks if she was unhappy with delays determining her planning application. She can also appeal if the listed building consent application is not determined within the required timeframe.
The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.
Final decision
We will not investigate Mrs Y’s complaint because it would be reasonable for her to use her right of appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman