The Ombudsman's final decision
Summary: We will not investigate this complaint about a planning application. Miss X’s client had the right to appeal to the Planning Inspectorate and it would have been reasonable to expect them to use it if the Council had not now decided the application and issued a decision notice.
The complaint
Miss X complains the Council failed to decide her client’s planning application on time. She complains about the lack of communication since her application was submitted.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says her client submitted a planning application in spring 2024 and is still waiting for a decision months later. She says she has asked the Council for updates, and it has failed to respond to her on several occasions.
Miss X’s client had the right to appeal to the Planning Inspectorate if the Council had not decided the planning application within eight weeks of validating it. It is reasonable to expect Miss X to have used this right and appeal to the Planning Inspectorate.
Even if the Council had not recently issued a decision notice on the application, therefore, we would not investigate.
Final decision
We will not investigate Miss X’s complaint because the Council has now issued a decision notice and it would have been reasonable for her client to appeal to the Planning Inspectorate against the delay.
Investigator's decision on behalf of the Ombudsman