Summary: We will not investigate Mr X’s complaint about the Council’s handling of his planning application. This is because Mr X had a right of appeal to the Planning Inspectorate which it would have been reasonable for him to use.

The complaint

1. The complainant, Mr X, complains about the Council’s handling of his planning application. He says the Council took too long to decide his planning application and he has not been treated fairly. He has lost faith in the Council’s planning department and would like any new application to be considered by the Council’s planning committee.

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The Ombudsman’s role and powers

2. 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))
3. 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

4. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied for planning permission in 2021. He complains the Council took nine months to decide his application and did not deal with his application fairly.
6. Mr X had a right of appeal for delay as set out at Paragraph 3 and we consider it would have been reasonable for him to use it if he felt the Council was taking too long to issue a decision.
7. Mr X is also clearly unhappy with the Council’s decision to refuse the application and would like his proposal to be considered impartially in the event he decides to resubmit it. These points could also be dealt with by appealing to the Planning Inspectorate. As set out in the Council’s decision notice Mr X has 12 weeks from the date of the decision to appeal and he remains within this time limit now.
8. While Mr X While also complains about the way the Council dealt with his complaint, the courts have said that where we cannot investigate a complaint about the main or underlying issue, we cannot normally investigate related issues either. (R (on the application of M) v Commissioner for Local Administration in England [2006] EWHC 2847 (Admin)). We will not therefore investigate this point further.

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Final decision

9. We will not investigate this complaint. This is because it would have been reasonable for Mr X to appeal.

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Investigator's decision on behalf of the Ombudsman