Summary: Ms X complains that the Council has unreasonably delayed determining her planning application. We will not investigate this complaint because she has a right of appeal to a Planning Inspector.

The complaint

1. Ms X complains that the Council has unreasonably delayed determining her planning application.

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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.

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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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What I found

6. Ms X made a planning application in September 2020. She says that the Council has yet to determine the planning application.
7. Ms X can appeal to a Planning Inspector on the grounds that the Council has failed to determine the planning application within time (unless she agreed an extension). I am satisfied that this right of appeal is reasonable to exercise in this case. The complaint is therefore out of jurisdiction.

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Final decision

We will not investigate this complaint because there is a right of appeal to a Planning Inspector.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman