Bristol City Council (24 009 234)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 12 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s delay in determining his planning application. This is because he had a right of appeal to the Planning Inspectorate which it would have been reasonable for him to use.
The complaint
- The complainant, Mr X, complains the Council failed to determine his planning application. He applied for planning permission in 2022 but the Council has not yet issued a decision on the application.
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 Mr X and the Ombudsman’s Assessment Code.
My assessment
- Councils are required to determine applications for planning permission for ‘minor’ development, such as that Mr X applied for, within eight weeks of a valid application. The Council validated Mr X’s application in 2022 but it has not yet decided whether to grant planning permission for the proposal.
- Mr X wants the Council to allow his application and grant him planning permission but this is not an outcome we can achieve. The law provided Mr X with a right of appeal to the Planning Inspectorate for the delay in determining his application and it would have been reasonable for him to use it.
Final decision
- We will not investigate this complaint. This is because it would have been reasonable for Mr X to appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman