Redcar & Cleveland Council (24 004 955)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 21 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s delay in determining Mr X’s planning application. This is because the complaint falls outside our jurisdiction due to the availability of appeal rights to the Planning Inspectorate which we would reasonably have expected Mr X to have used.
The complaint
- Mr X complains about Council delay in determining his planning application and its delay in responding to his complaint about the matter.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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.
How I considered this complaint
- I considered information provided by the complainant’s representative and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The restriction highlighted at paragraph 3 applies to Mr X’s complaint as he had an alternative remedy available by way of appeal to the Planning Inspectorate for the non-determination of his application which we would reasonably have expected him to have used. As this is the case, the complaint falls outside our jurisdiction and will not be pursued.
- There was delay by the Council in responding to Mr X’s complaint, but we will not investigate complaint handling when we are not investigating the substantive issue.
Final decision
- We will not investigate Mr X’s complaint because the complaint falls outside our jurisdiction due to the availability of appeal rights to the Planning Inspectorate which we would reasonably have expected Mr X to have used.
Investigator's decision on behalf of the Ombudsman