Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant had the right to appeal to the Planning Inspector.

The complaint

1. The complainant, whom I shall refer to as Miss X has complained about how the Council dealt with her planning application. She says there were long delays and the case officer did not properly communicate with her. Miss X says she has incurred additional costs because of the Council’s delays and it should compensate her.

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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 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))
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.

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How I considered this complaint

5. I considered information provided by Miss X and the Ombudsman’s Assessment Code.

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My assessment

6. Miss X could have appealed to the Planning Inspector after eight weeks if she was unhappy with how long the Council was taking to determine her application. I consider it would have been reasonable for Miss X to have used her right to appeal and the Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector.

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Final decision

7. We will not investigate Miss X’s complaint because she had the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman