Cambridge City Council (21 009 887)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 07 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that the Council has delayed deciding his planning application. This is because it was reasonable for Mr B to appeal to the planning inspector.
The complaint
- The complainant, who I will refer to as Mr B, complains that the Council has not decided his planning application, which the Council received in January 2021. Mr B says the Council’s delay means he cannot go ahead with the proposal and this has resulted in distress and financial loss. Mr B would like the Council to pay for the financial losses he has suffered.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Act 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))
- 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.
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B had a right of appeal to the planning inspector against the Council’s non-determination of his planning application. Mr B had six months to put in this appeal after the date the Council’s decision was due.
- I find it was reasonable for Mr B to use this right of appeal because the planning inspector has the power to grant planning permission. I also consider it was reasonable to expect Mr B to have been aware of this right of appeal.
Final decision
- We will not investigate Mr B’s complaint because it was reasonable for him to appeal to the planning inspector.
Investigator's decision on behalf of the Ombudsman