Summary: We will not investigate Mr B’s complaint about the Council’s delay 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 still not decided his planning application, made in June 2022. Mr B also says: the Council has not met any of its stated timescales at each stage; he has not been told a likely timescale for a decision; he has not received any communication from the planning officer who has been allocated the application; and, the Council has not responded to his complaint.

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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. We cannot investigate a complaint if someone has already appealed to a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
5. 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.

6. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

7. I considered information provided by Mr B.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr B had a right of appeal to the Planning Inspector once the Council missed the statutory deadline for making a decision on his planning application.
10. We generally expect this right of appeal to be used if a person is complaining that a local planning authority has delayed deciding their planning application.
11. The Planning Inspector is independent and, unlike the Ombudsman, has the power to decide a planning application and grant planning permission.
12. I find it is reasonable for Mr B to put in an appeal to the Planning Inspector. Also, the information suggests Mr B has already done this, which would mean we have no discretion to investigate this complaint.
13. So, we will not investigate Mr B’s complaint about the Council’s delay deciding his planning application.
14. Mr B also complains the Council has not communicated with him about the application. In addition, Mr B complains the Council has not responded to his complaint, which included requests for information about the Council’s processes for handling planning applications.
15. I find an investigation of these matters is not justified. This is because without investigating Mr B’s main complaint about delay, it is unlikely an investigation would be a good use of our resources or provide a meaningful outcome for Mr B. Also, Mr B may use the Freedom of Information Act to request information from the Council about its processes for handling planning applications.

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Final decision

16. We will not investigate Mr B’s complaint because it is reasonable for him to appeal to the Planning Inspector. An investigation solely into the Council’s communication with Mr B is not justified.

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Investigator's decision on behalf of the Ombudsman