Selby District Council (21 015 310)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 14 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council dealt with her planning application. The complainant had a right of appeal to a Planning Inspector.
The complaint
- Ms X made a planning application in 2018. She says the Council took too long to determine it and did not do so properly.
The Ombudsman’s role and powers
- 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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that the Council did not process her planning application properly. Any dispute about the merit of a planning decision or the time taken can be appealed to a Planning Inspector. The Planning Inspectorate is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Final decision
- We will not investigate Ms X’s complaint because there was a right of appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman