Summary: We will not investigate Mr B’s complaint that the Council has delayed deciding his planning application. This is because it is reasonable for Mr B to put in an appeal to the Planning Inspector.

The complaint

1. The complainant, who I will refer to as Mr B, complains the Council has delayed deciding his planning application. Mr B says the Council asked several times for unnecessary time extensions and the application should have been approved seven months ago. Mr B says the delay is costing his business a significant amount of money. Mr B would like the Council to grant his application planning permission.

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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 Act 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 Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Most planning applications should be decided within eight weeks, although the time limit is 13 weeks for major applications. If the planning application has not been decided by the end of this period, and an extension has not been agreed in writing, the applicant can appeal to the Planning Inspector.
8. Mr B could have put in an appeal to the Planning Inspector if he considered the Council’s earlier requests for extensions were not justified. Mr B has not agreed to the Council’s most recent request for an extension, so it remains open to him to put in an appeal to the Planning Inspector now.
9. I find it is reasonable for Mr B to do this, particularly because the Planning Inspector has the power to grant planning permission.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Mr B’s complaint because it is reasonable for him to put in an appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman