Summary: We will not investigate this complaint about how the Council has dealt with the complainant’s planning application. This is because the complainant has the right to appeal to the Planning Inspectorate.

The complaint

1. Mr X has complained on behalf of Mrs Y about how the Council has dealt with her planning application. Mr X says there have been long delays by the Council. He is also unhappy with how it has handled his complaint about the matter.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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))
4. 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

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs Y applied to the Council for planning permission, and it validated the application. The Council advised Mrs Y that an independent viability appraisal was needed. Mrs Y paid for the appraisal, but the Council has still not provided this information. Mr X says the significant delays have hindered the progression of the application.
8. However, Mrs Y can appeal to the Planning Inspector for non-determination if she is unhappy with how long the Council is taking to deal with her planning application. I consider it would be reasonable for Mrs Y to use this appeal right. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal would not provide a remedy for all the claimed injustice.
9. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the main issues complained about, we will not usually use public resources to consider more minor issues such as complaint handling.

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Final decision

10. We will not investigate Mrs Y’s complaint because it would be reasonable for her to use her right to appeal to the Planning Inspector.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman