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 he had a right of appeal to the Planning Inspectorate which it would have been reasonable for him to use.
The complaint
The complainant, Mr X, complains the Council failed to determine his planning application. He applied for planning permission in 2022 but the Council has not yet issued a decision on the application.
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
Councils are required to determine applications for planning permission for ‘minor’ development, such as that Mr X applied for, within eight weeks of a valid application. The Council validated Mr X’s application in 2022 but it has not yet decided whether to grant planning permission for the proposal.
Mr X wants the Council to allow his application and grant him planning permission but this is not an outcome we can achieve. The law provided Mr X with a right of appeal to the Planning Inspectorate for the delay in determining his application and it would have been reasonable for him to use it.
Final decision
We will not investigate this complaint. This is because it would have been reasonable for Mr X to appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman