Summary: We will not investigate this complaint about the Council’s handling of Mr X’s planning applications. This is because Mr X had a right of appeal to the Planning Inspectorate which it would have been reasonable for him to use.

The complaint

1. Mr X complains about the Council’s handling of his planning applications. He says the Council delayed in determining the application, resulting in an increase in costs for the development and loss of business, and failed to follow the National Planning Policy Framework (NPPF).

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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’s representative (Mr Y) and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The law provides a right of appeal for delay in the planning process. We would therefore normally expect that anyone complaining about delay in the determination of their application for planning permission appeals to the Planning Inspectorate. I have seen no good reasons why it would not have been reasonable for Mr X to appeal and the exclusion set out at Paragraph 3 therefore applies.
8. While Mr Y also complains about the actions of the council’s planning officer these are too closely linked to Mr X’s concerns about the delay to investigate them separately. Any impact from these actions also lies in the outcome of the planning applications and if Mr X was unhappy with the Council’s decisions, including any conditions or measures the Council told he must include in his proposal, it would have been reasonable for him to appeal against its decision.

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Final decision

9. We will not investigate this complaint. This is because it would have been reasonable for Mr X to appeal to the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman