Summary: We cannot investigate Mr B’s complaint that the Council deliberately delayed deciding his planning application. This is because Mr B appealed to the Planning Inspector.

The complaint

1. The complainant, who I will refer to as Mr B, complains the Council deliberately delayed making a decision on his planning application. Mr B says the Council wrongly withdrew the application from a scheduled planning committee and requested an unnecessary viability study. Mr B says because of the Council’s delay he had to put in an appeal to the Planning Inspector to get planning permission. Mr B says he has incurred considerable costs relating to the construction of the development because of the delay getting planning permission. Mr B would like the Council to pay him compensation.

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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. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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 and have looked at planning records available online.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B put in an appeal to the Planning Inspector against the Council’s delay deciding his planning application. The Planning Inspector considered Mr B’s application and decided to grant planning permission for the development.
8. Because Mr B appealed to the Planning Inspector we have no discretion to investigate his complaint about the Council’s delay deciding his planning application.
9. Mr B’s appeal did not provide a remedy for all the injustice he says he has suffered. But, the courts have decided that where an appeal has been used we have no jurisdiction to investigate even if some of the injustice suffered has not been put right by the appeal (R v Commissioner for Local Administration ex p Colin Field [1999] EWHC Admin 754).

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Final decision

10. We cannot investigate Mr B’s complaint because he appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman