Summary: Ms X complains about delay by the Council in determining her planning application. The Ombudsman will not investigate this complaint because there is a right of appeal to a Planning Inspector.

The complaint

1. Ms X complains about delay by the Council in determining her planning application.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant had an opportunity to comment on my draft decision.

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My assessment

7. Ms X made a planning application in July 2020 for converting a dwelling. She says that the Council has acted unreasonably in delaying the determination of the planning application.
8. Ms X had a right of appeal to a Planning Inspector if she declined to allow the Council further time to determine the planning application.
9. The Planning Inspector is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.

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Final decision

10. I do not intend to investigate this complaint because there was a right of appeal to a Planning Inspector.
     

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Investigator's decision on behalf of the Ombudsman