Summary: We will not investigate this complaint about delays to a planning application decision. This is because the complainant had a right of appeal which we consider it reasonable for him to have used.

The complaint

1. Mr X complains about how long the Council took to issue a decision on his planning application. He says he incurred costs because of the Council’s delay. Mr X is also unhappy the Council took too long to respond to his complaint.

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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 delay – usually over eight weeks – by an authority in deciding an application for planning permission

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How I considered this complaint

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

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My assessment

6. The statutory period for the Council to decide Mr X’s planning application was eight weeks. The Council agreed to extend the deadline with Mr X’s agent. The Council determined Mr X’s planning application three weeks later than the statutory deadline. Mr X says that, to avoid further delay, he had no choice but to agree to the extensions.
7. We will not investigate Mr X’s complaint because it concerns delay in the determination of a planning application. This is a matter about which a planning applicant may appeal to the Planning Inspector. If Mr X was unhappy about how long it was taking the Council to decide his application, his recourse was to use his right to appeal.
8. Where appeal rights exist, we usually expect them to be used. It would have been reasonable for Mr X to have done so in this case, so the Ombudsman will not intervene.
9. Mr X also complained about the Council’s handling of his complaint. Where a substantive matter does not fall to be investigated, we do not normally investigate how a council has dealt with a complaint. It is not a good use of our resources to do so. That is the case here.

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Final decision

10. We will not investigate Mr X’s complaint because he had a right of appeal to the Planning Inspector which it would have been reasonable for him to have used.

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Investigator's decision on behalf of the Ombudsman