Summary: We will not investigate this complaint about delays in determining planning applications. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is a right of appeal to a Planning Inspector.

The complaint

1. Mr X complains that the Council takes too long to determine planning applications on behalf of his clients.

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The Ombudsman’s role and powers

2. 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))
3. 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.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Investigator's decision on behalf of the Ombudsman