The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant had the right to appeal to the Planning Inspector.
The complaint
Mr X has complained about how the Council has dealt with his planning application and says there have been long delays and the Council has failed to respond to his requests for updates.
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), as amended) 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
Mr X could have appealed to the Planning Inspector after eight weeks if he was unhappy with how long the Council was taking to determine his application. I consider it would have been reasonable for Mr X to have used his appeal right and the Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector.
Final decision
We will not investigate Mr X’s complaint because he had the right to appeal to the Planning Inspector for non-determination.
Investigator's decision on behalf of the Ombudsman