Summary: Ms X complains about delays by the Council in dealing with her planning application. We will not investigate this complaint because she could appeal to a Planning Inspector.

The complaint

1. Ms X complains about delays by the Council in dealing with her planning application.

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 have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

Back to top

What I found

5. Ms X submitted a planning application for a side extension and driveway in May 2020. She agreed an extension of time with the Council until September. The Planning Officer advised her that the driveway would be unacceptable and Ms X amended the planning application accordingly. Planning permission was granted in October 2020.
6. The Ombudsman would not investigate a complaint about a delay in the planning process because the law provides an applicant with a right of appeal to a Planning Inspector in such situations.

Back to top

Final decision

7. I do not intend to investigate this complaint because there was a right of appeal to a Planning Inspector.
    

Back to top

Investigator's decision on behalf of the Ombudsman