Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has the right to appeal to the Planning Inspector.

The complaint

1. Ms X has complained about how the Council has dealt with her planning application. She says there have been delays, the Council has ignored information she has provided and failed to properly communicate with her.

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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.

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How I considered this complaint

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

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My assessment

6. Ms X can appeal to the Planning Inspector if she is unhappy with how long the Council is taking to determine her application. I consider it would be reasonable for Ms X to use her appeal right. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal will not address all the issues complained about.

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Final decision

7. We will not investigate Ms X’s complaint because she can appeal to the Planning Inspector for non-determination.

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Investigator's decision on behalf of the Ombudsman