Summary: We will not investigate this complaint about planning applications because there is a right of appeal to a Planning Inspector.

The complaint

1. Ms X complains about delays by the Council in determining her planning applications.

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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
• A decision to refuse 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. Ms X submitted two planning applications. The first for a change of use to a property (from a dwelling to a HMO) and the second for a Certificate of Lawfulness for the same property.
7. Ms X complains of delays by the Council in considering her applications and financial problems caused by the delays. Ms X agreed to an extension for the first planning application but not the second.
8. Her first planning application was refused in late 2025. The Certificate of Lawfulness was issued earlier in 2025.
9. Any complaints of delays in the consideration of a planning application can be appealed to a Planning Inspector. The Planning Inspector is an independent body which can determine any disputes about planning applications including delay and refusals. I see no reason why such an appeal could not be made in this case.
10. Whilst I appreciate the frustration suffered by Ms X, the law provides a remedy for any dispute about delay or planning decisions themselves.

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Final decision

11. We will not investigate Ms X’s complaint because there was a right of appeal to Planning Inspector.

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Investigator's decision on behalf of the Ombudsman