Summary: We will not investigate Mr X’s complaint about delays in deciding a planning application. It would be reasonable for Mr X to appeal to the Planning Inspectorate.

The complaint

1. Mr X complains the Council have handled his planning application poorly and failed to decide the application in a reasonable timeframe.

Back to top

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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X complained to the Ombudsman in 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. We will not assess matters predating to Mr X’s most recent planning application. It would have been reasonable for Mr X to complain about the earlier applications sooner and there is no good reason to investigate now.
8. Mr X’s current planning application was made and validated in 2021. It has been with the Council for four years but has not yet been decided.
9. The Planning Inspector acts on behalf of the responsible Government Minister. The Planning Inspector considers appeals about:
• delay – usually over eight or thirteen 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.
10. If Mr X is unhappy with the Council’s handling of his planning application, it would be reasonable for him to use his right of appeal.

Back to top

Final decision

11. We will not investigate Mr X’s complaint. It would be reasonable for Mr X to appeal to the Planning Inspectorate.

Back to top

Investigator's decision on behalf of the Ombudsman