East Riding of Yorkshire Council (20 014 447)
The Ombudsman's final decision:
Summary: Mr X complains of delay by the Council in determining his planning application. We will not investigate this complaint because there is a right of appeal to a Planning Inspector.
The complaint
- Mr X complains of delay by the Council in determining his planning application.
The Ombudsman’s role and powers
- 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 have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.
What I found
- Mr X submitted a planning application for two dwellings in March 2020. The Council has not yet determined the planning application and Mr X says that this was caused by their failure to complete a legal agreement as part of the decision.
- Planning and listed building consent applications should be made within statutory time limits. The time limits are:
- 13 weeks for major developments;
- 8 weeks for all other types of development; and
- 16 weeks for development that require an Environmental Impact Assessment.
- If a decision is not made within the time limit, the applicant can appeal to the Planning Inspectorate. This type of appeal is known as a ‘non-determination’ appeal.
- I consider that any dispute about a failure to determine a planning application could reasonably be appealed to a Planning Inspector. The complaint is therefore out of jurisdiction.
Final decision
- I do not intend to investigate this complaint because he could appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman