Summary: We will not investigate this complaint about the Council’s handling of Ms X’s planning application. This is because Ms X has appeal rights to the Planning Inspectorate which we would reasonably expect her to use.

The complaint

1. The complainant, who I refer to as Ms X, says the Council has delayed unreasonably in determining her planning application and that it has applied the planning regulations inconsistently and unfairly.

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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 Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Ms X’s complaint because Ms X has appeal rights to the Planning Inspectorate which we would reasonably expect her to use.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman