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 unlikely we would find fault in relation to the remaining issues complained about.

The complaint

1. Ms X has complained about how the Council dealt with her planning application and says there was a delay before planning permission was granted.

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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 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Ms X could have appealed to the Planning Inspector after eight weeks if she was unhappy with how long the Council was taking to determine her application. I consider it would have been reasonable for Ms 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.
8. Ms X says the Council should refund the planning application fee she paid due to the delays. Under the Planning Guarantee, local planning authorities must refund planning fees if an application is not determined within a specified time and if no extension has been agreed in writing. The circumstances in this case do not meet the requirements for a refund under the Planning Guarantee. I am also satisfied the Council properly considered Ms X’s request for a refund and explained why the planning fee will not be returned.

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Final decision

9. We will not investigate Ms X’s complaint because she had the right to appeal to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman