Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s delay in dealing with her planning application, and about its decision to refuse the application. Mrs X could have appealed to the Planning Inspectorate in respect of the delay and she may still (for a limited period) appeal against the Council’s decision.

The complaint

1. The complainant, Mrs X, complains the Council delayed in dealing with her planning application. She also complains about its decision.

Back to top

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.

Back to top

How I considered this complaint

4. I reviewed Mrs X’s complaint, shared my draft decision with her and invited her comments.

Back to top

What I found

5. Mrs X applied for planning permission to extend her property in 2018. She complains the Council took too long to decide the application and that its decision to refuse planning permission was biased and unfair.
6. The Ombudsman will not investigate this complaint. If Mrs X was unhappy with the length of time taken by the Council to decide her application it would have been reasonable for her to appeal.
7. The time for an appeal on the grounds of delay has now passed, but if Mrs X is unhappy with the Council’s decision to refuse her application then she may still appeal against the decision itself. The Council confirms the deadline for this is approaching and Mrs X’s time is limited; I would therefore suggest she looks into the process as a matter of urgency. The Planning Inspectorate is an independent body with the expertise to decide whether the Council’s decision to refuse planning permission in this case was correct. This is the outcome Mrs X seeks and it is not something we can provide.

Back to top

Final decision

8. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mrs X to appeal to the Planning Inspectorate.

Back to top

Investigator's decision on behalf of the Ombudsman