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

The complaint

1. Mr X complains about delays in the Council making decisions on his planning applications. He says this has caused financial loss and impacted his heath.

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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 Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X could have appealed to the Planning Inspector if he was dissatisfied with how long the Council was taking to determine his applications. I consider it would have been reasonable for Mr X to have used his right to appeal. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector.

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Final decision

8. We will not investigate Mr X’s complaint because he had a right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman