Summary: We will not investigate this complaint about the time the Council has taken to deal with Mr X’s planning application. This is because he has a right of appeal to the Planning Inspector.

The complaint

1. Mr X complains that the Council took too long to determine his planning application and is refusing to issue a decision because he does not agree with the financial contribution he is required to make under the Council’s proposed section 106 agreement.

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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 tribunal. 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)(a), as amended)
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 the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. If Mr X is unhappy with the length of time the Council has taken to reach a decision or is unhappy the Council is refusing to issue its decision because he will not agree to its proposed financial contribution then he can appeal to the Planning Inspector. I can see no reason why Mr X cannot appeal if he is unhappy with the time taken for the Council to reach its decision. Therefore, we cannot investigate this complaint.
8. The courts have said that Parliament explicitly chose to exclude these complaints from our jurisdiction and so must have foreseen that there would be occasions where a person might have suffered a loss and where no remedy for that loss would be provided and yet the Ombudsman would have no jurisdiction to intervene. Therefore, even though Mr X may be unable to obtain a remedy for delay from the Planning Inspector that does not mean that we can investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because he has a right of appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman