Summary: We will not investigate Mr B’s complaint that the Council has delayed deciding his planning application. This is because it is reasonable for Mr B to put in an appeal to the planning inspector.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council has delayed deciding his planning application. Mr B says he is suffering significant financial losses because of the Council’s delay.

Back to top

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.

Back to top

How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr B has a right of appeal to the planning inspector against the Council’s delay deciding his planning application. I find it is reasonable for Mr B to use this right of appeal because the planning inspector has the power to grant planning permission.

Back to top

Final decision

8. We will not investigate Mr B’s complaint because it is reasonable for Mr B to put in an appeal to the planning inspector.

Back to top

Investigator's decision on behalf of the Ombudsman