Central Bedfordshire Council (21 012 113)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 03 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has the right to appeal to the Planning Inspector.
The complaint
- The complainant, whom I shall refer to as Miss X, has complained about how the Council has dealt with her planning application. She says there have been long delays and the Council failed to notice issues with the submitted drawings before the application was validated. Miss X says she has suffered financial losses because of the Council’s actions.
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 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))
- 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 Miss X and the Ombudsman’s Assessment Code.
My assessment
- Miss X can appeal to the Planning Inspector if she is unhappy with how long the Council is taking to determine her application. I consider it would be reasonable for Miss X to use her right to appeal. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal will not address all the issues complained about.
- Miss X has also complained the Council has suggested she withdraw and resubmit her application. However, if Miss X does not agree she can wait for the Council to determine the application and then appeal to the Inspector if she is unhappy with the planning decision.
Final decision
- We will not investigate Miss X’s complaint because it would be reasonable for her to use her right to appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman