Summary: We will not investigate this complaint about the non-determination of a planning application because it is or would have been reasonable for Mr X to appeal to the Planning Inspectorate.

The complaint

1. Mr X complained that that he and his wife submitted a planning application in August 2023 that has yet to be determined.
2. Because of the delay in obtaining planning permission, Mr X says he and his wife have been unable to move into their new home. He says they are living in temporary accommodation, which is causing financial and emotional stress. Mr X’s wife has been diagnosed with cancer during this period.
3. Mr X would like an apology, a planning decision, a reason for the delay, and compensation for the distress endured.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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).
6. The Planning Inspector (PI) 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; and
• a planning enforcement notice.

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How I considered this complaint

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

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My assessment

9. The planning system as set up by national government includes formal appeal routes for planning applicants. We will not investigate complaints from applicants where they have, or had, formal appeal rights to the PI that it is, or was, reasonable for them to use.
10. Mr X submitted a householder planning application in August 2023. This kind of application should be decided within eight weeks of the date the Council tells the applicant they have received it. No decision has been made yet.
11. The time limit for making appeals to the PI is six months after an application should have been decided.
12. I have considered whether it is, or was, reasonable for Mr X to use his appeal right. Mr X used a planning consultant during the application so was represented by someone professionally involved in planning who would know of the appeals process. In addition, the Planning Portal publishes advice on what to do when a decision is delayed, which is accessible using a simple internet search. Mr X could have used his appeal right. It is also through an appeal to the PI, not a complaint to us, that Mr X may have achieved the planning outcome he wants. This is because we are not an appeal body, and the PI has powers we do not have to make a planning decision. For these reasons, it would be reasonable for Mr X to use, or to have used, his right to appeal to the PI against the non-determination of his application, so we will not investigate.

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Final decision

13. We will not investigate Mr X’s complaint about the non-determination of his planning application because it is, or would have been, reasonable for him to use his Planning Inspectorate appeal right to pursue the decision sought.

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Investigator's decision on behalf of the Ombudsman