Stafford Borough Council (21 016 699)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 07 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about delay in dealing with a planning application because Ms X could appeal to a Planning Inspector.
The complaint
- Ms X says that the Council took too long to process her planning application.
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
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 delays by the Council in processing her planning application led to an increase in her council tax liability. Any dispute about delay in determining a planning application can be appealed to a Planning Inspector. I see no reason why such an appeal could not be carried out. The complaint is therefore out of jurisdiction.
Final decision
- We will not investigate Ms X’s complaint because she could appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman