Summary: We will not investigate Mr B’s complaint that the Council has unreasonably delayed deciding his planning application. This is because it is reasonable for Mr B to put in an appeal to the Planning Inspector.

The complaint

1. The complainant, who I will refer to as Mr B, complains the Council has delayed making a decision on his planning application for solar panels. Mr B says the application is straightforward and should have been decided months ago. Mr B would like the Council to grant his application planning permission.

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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. 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), 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.

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How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B has a right of appeal to the Planning Inspector against the Council’s delay deciding his planning application. This right of appeal became available to Mr B once the Council had missed the deadline for making a decision.
8. I find it was reasonable for Mr B to put in an appeal to the Planning Inspector. Unlike the Ombudsman, the Planning Inspector has the power to decide the application and grant planning permission. Also, it remains open to Mr B to put in an appeal to the Planning Inspector now.

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Final decision

9. We will not investigate Mr B’s complaint because it was reasonable for him to put in an appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman