Summary: We will not investigate Mrs B’s complaint that the Council has delayed deciding her planning application. This is because it was reasonable for Mrs B to appeal to the planning inspector.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the Council has delayed deciding her planning application. Mrs B says the Council has not made a formal decision despite recently telling her that the proposal was acceptable. Mrs B would like the Council to approve her application and refund the planning fee she paid.

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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 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))
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 Mrs B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs B had a right of appeal to the planning inspector once the Council had missed the deadline for a decision on her application.
8. I find it was reasonable for Mrs B to use this right of appeal. The planning inspector is independent and has the power to grant planning permission.

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Final decision

9. We will not investigate Mrs B’s complaint because it was reasonable for her to appeal to the planning inspector.

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Investigator's decision on behalf of the Ombudsman