Summary: We will not investigate this complaint about determination of a planning application. This is because Mrs X had the right to appeal to the Planning Inspectorate.

The complaint

1. Mrs X complains the Council has taken too long to determine her planning application.
2. She says since submitting her application, the Council has introduced a requirement for self-build developments to enter into an agreement under Section 106 of the Town and Country Planning Act (S106). She believes this requirement should not apply to her proposal because it was submitted before the policy changed.
3. She says this has had a profound effect on her and her husband and that complying with a S106 agreement would result in substantial additional costs and would require them to remain in the property for five years.
4. She would like the Council to issue a prompt decision and assess it against the policies that were in force when the application was submitted.

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The Ombudsman’s role and powers

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. 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)
7. 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

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Mrs X had rights of appeal to the Planning Inspectorate, on the grounds of the Council’s non‑determination of her application after eight weeks.
11. Mrs X had a responsibility to make herself aware of the appeals available to her as an applicant in the planning process should the need arise, including her appeal rights on non‑determination grounds.
12. The Council also advised her she could ask it to determine her application, without the addition of the S106 agreement. If the Council refused the application Mrs X would then have the right to appeal to the Planning Inspectorate.
13. I consider it reasonable for Mrs X to use these appeal rights, so we will not investigate.

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Final decision

14. We will not investigate Mrs X’s complaint because Mrs X had the right to appeal to the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman