London Borough of Hackney (23 004 304)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 16 Jul 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a delay in the Council deciding a planning application. This is because the complainant had the right to appeal to the Planning Inspector.
The complaint
- The complainant, who I shall call Mr X complains about the delay in the Council making a decision on his planning application.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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). The Planning Inspector considers appeals including
- 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 X and the Ombudsman’s Assessment Code.
Final decision
- We will not investigate this complaint. I consider it would have been reasonable for Mr X to have used his right to appeal as the Planning Inspector was able to provide the outcome he seeks. The Ombudsman will not usually investigate complaints when someone had a right to appeal to the Planning Inspector, even if the appeal would not have addressed all the issues complained about.
Investigator's decision on behalf of the Ombudsman