Summary: We will not investigate this complaint about planning delays and a refusal of a planning application as there is a right of appeal to a Planning Inspector.

The complaint

1. Ms X complains about delay and unreasonableness by the Council in its consideration of her planning application.

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The Ombudsman’s role and powers

2. 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)
3. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about delays – usually over eight weeks – by an authority in deciding an application for planning permission, and a decision to refuse planning permission.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X submitted a planning application in July 2023 for a change of use of premises. She is unhappy with the Council’s requests for supporting information and delay in reaching a decision. The Council has now refused the planning application (in August 2024).
7. Ms X can appeal to the Planning Inspector against the decision. The Planning Inspectorate is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction. Ms X could also have appealed to the Planning Inspector if she considered the delay by the Council to be unreasonable.

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Final decision

8. We will not investigate Ms X’s complaint because she has a right of appeal to a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman