Walsall Metropolitan Borough Council (23 003 513)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 26 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about planning delay as there is a right of appeal to a Planning Inspector.
The complaint
- Mr X complains that the Council has unreasonably delay determining his planning application.
The Ombudsman’s role and powers
- 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))
- 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.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X made planning application for a change of use of premises but says that the Council has not yet made a decision on the planning application.
- Any delay to a planning application can be appealed to a Planning Inspector. The Planning Inspectorate is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Final decision
- We will not investigate Mr X’s complaint because there is a right of appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman