Summary: We will not investigate Mr X’s complaint, made on behalf of his partner Ms Y, about how the Council is handling her planning application. This is because Ms Y has a right of appeal to the Planning Inspectorate on the basis of the Council’s non‑determination of her application, which it is reasonable for her to use.

The complaint

1. Mr X lives with his partner Ms Y. Mr X complains that the Council has failed to determine Ms Y’s planning application, seeking to develop their home. Mr X says the delay has affected their family life and prevented them from resolving problems with the property.

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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 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, and the Ombudsman’s Assessment Code. I also viewed relevant online planning information.

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My assessment

6. The Council has delayed in determining Ms Y’s planning application. Officers did not agree an extension of time with Ms Y and the Council has not yet determined the application.
7. Ms Y has had a right of appeal to the Planning Inspectorate because of the Council’s non-determination of her application, ever since the deadline for determination passed in June 2021. The Council has advised Ms Y of that appeal right during her complaint about its delay.
8. We will only consider complaints from planning applicants with appeal rights to the Planning Inspectorate if we consider it would be unreasonable for them to use those rights. It is reasonable for Ms Y to use that appeal to resolve the Council’s delay in determining her application, which is the core of her complaint. I say this because, unlike the Ombudsman, the Inspectorate has the power to take a planning decision on Ms Y’s application and grant the permission she is seeking. The Planning Inspectorate is the expert planning body and its decisions are binding on the Council. On receipt of a valid appeal, the Inspectorate could consider Ms Y’s application afresh, taking the matter out of the Council’s delayed process.

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Final decision

9. We will not investigate Mr X’s complaint, made on behalf of Ms Y, because it is reasonable for Ms Y to use her right of appeal to the Planning Inspectorate regarding the Council’s non-determination of her application.

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Investigator's decision on behalf of the Ombudsman