Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant had the right to appeal to the Planning Inspector. It is also unlikely an investigation could add to the Council’s response.

The complaint

1. Mrs X has complained about how the Council dealt with her planning application. She says there were long delays before the Council determined the application.

Back to top

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 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), as amended)
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.

5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mrs X could have appealed to the Planning Inspector after eight weeks if she was unhappy with how long it was taking the Council to determine her application. Mrs X can also appeal if she disagrees with the Council’s decision to refuse her application. I consider it would have been reasonable for Mrs X to have used her right to appeal. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.
8. Mrs X says the Council pressured her to extend the deadline for determination as it said it would not decide the application unless she agreed to the extension. The Council has accepted the language used by the case officer was clumsy and unhelpful. It has apologised and offered to refund the planning application fee. I consider it unlikely an investigation by the Ombudsman could add to this response or achieve anything more for Mrs X.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because she had the right to appeal to the Planning Inspector. It is also unlikely an investigation by the Ombudsman could add to the Council’s response.

Back to top

Investigator's decision on behalf of the Ombudsman