Summary: We cannot investigate Mr X’s complaint about Council delay in deciding and telling him about a planning application as he appealed to the Planning Inspector. We will not investigate his complaint about the Council’s handling of his complaint as it is not a good use of our resources.

The complaint

1. Mr X says the Council failed to respond to his planning application within eight weeks. He is unhappy with the way the Council has communicated with him and replied to his complaint.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)

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How I considered this complaint

3. I considered information provided by Mr X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he applied in June 2024 for a planning decision. He says he did not receive a reply within eight weeks needed by law. He appealed to the Planning Inspector.
6. 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;

7. Mr X also complained to the Council about is administrative processes involved in this application. He is unhappy with its reply.
8. We cannot investigate the time the Council took to decide Mr X’s planning application because he appealed to the Planning Inspector. This includes how it handled the application and told Mr X.
9. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

10. We will not investigate Mr X’s complaint because he appealed to the planning inspector.

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Investigator's decision on behalf of the Ombudsman