Summary: We will not investigate this complaint about the Council’s handling of the complainant’s planning applications. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to have used the right of appeal to the Planning Inspectorate for non-determination his applications.

The complaint

1. The complainant, who I shall refer to as Mr B complains the Council took too long to decide his planning applications. He wants a refund of his planning application fee and compensation for the delay.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal, or could have appealed, 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 including those about:
• delay – usually over eight weeks – by an authority in deciding an application for planning permission.

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How I considered this complaint

4. I considered information provided by Mr B, including the Council’s responses to his complaints.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The restriction detailed in paragraphs 2 and 3 above applies to Mr B’s complaint. He could have appealed to the Planning Inspectorate if he was unhappy with the time it was taking to decide the applications. I see no reason why Mr B should not be expected to have used this right of appeal, so the complaint is outside the Ombudsman’s jurisdiction and will not be investigated.

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Final decision

7. We will not investigate Mrs X’s complaint because it is reasonable to expect her to have used the right of appeal to the Planning Inspectorate

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Investigator's decision on behalf of the Ombudsman