Summary: We will not investigate this complaint about delay in the determination of a planning application because there was a right of appeal to a Planning Inspector and no evidence of fault by the Council.

The complaint

1. Mr X complains that the Council unreasonably delayed determining his planning application and refused a fee refund.

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The Ombudsman’s role and powers

2. 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)
3. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:
4. 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 the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X submitted a planning application for an alteration to his property in April 2023. The Council refused the planning application in August 2023 (20 weeks).
8. Mr X says that the Council should have refunded the planning application fee because of delay in its determination.
9. The Council says that he had a right of appeal to a Planning Inspector after eight weeks if he was unhappy with the delay. Further it says a refund could only be made if the planning application took longer than 26 weeks to determine. As the planning application was determined within that period no refund could be made.
10. There is no fault in the Council’s decision not to refund the fee. Mr X had a right of appeal against delay by the Council and the decision to refuse. The Planning Inspectorate is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.

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Final decision

11. We will not investigate Mr X’s complaint because there is no evidence of fault and there was a right of appeal to a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman