Wigan Metropolitan Borough Council (26 009 735)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 15 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council delayed considering X’s planning application. This is because they had a right of appeal to the Planning Inspector, and it was reasonable to expect them to have used it.
The complaint
- X complains that the Council delayed considering their planning application and about how it dealt with their complaints about this matter.
The Ombudsman’s role and powers
- 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)
- 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.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate this compliant. X had a right of appeal to the Planning Inspector about the delays, and it would have been reasonable for them to have used this appeal right.
- It is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.
Final decision
- We will not investigate X’s complaint because they had a right of appeal to the Planning Inspector, and it is reasonable to expect them to have used it.
Investigator's decision on behalf of the Ombudsman