London Borough of Hackney (23 000 154)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 16 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that the Council has delayed deciding his planning application. This is because it was reasonable for Mr B to put in an appeal to the Planning Inspector.
The complaint
- The complainant, who I will refer to as Mr B, complains the Council has delayed deciding his planning application submitted in May 2021. Mr B says he has provided all the information requested by the Council, but he is still waiting for a decision.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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))
- 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.
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B had a right of appeal to the Planning Inspector once the Council missed the deadline for a decision on his planning application. Mr B had six months to put in an appeal after the deadline for the Council’s decision.
- I find it was reasonable for Mr B to appeal to the Planning Inspector. Unlike the Ombudsman, the Planning Inspector has the power to grant planning permission. Also, Mr B could have made a claim for costs as part of his appeal if he considered the Council had acted unreasonably.
Final decision
- We will not investigate Mr B’s complaint because it was reasonable for him to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman