The Ombudsman's final decision
Summary: We will not investigate this complaint about the delay in the Council approving the complainant’s planning application.
This is because the complainant had the right to appeal to the Planning Inspector .
The complaint
The complainant, who I shall call Mrs X, complains the Council delayed in making a decision on her planning application. She says this increased her costs.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met.
(Local Government Act 1974, section 24A(6), as amended) We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister.
(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
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complains the Council: Insisted her extension could not have a flat roof Failed to meet the extended deadline for making a decision Accepted objections which were made after the deadline for making comments Mrs X put in a planning application for an extension to accommodate her husband’s changing health needs. She submitted new plans and agreed an extension to the decision deadline with the Council.
The Council told Mrs X it had failed to upload the new plans and requested a further extension of time. Mrs X refused.
The Council accepted comments on the application after the extended deadline. It approved the application approximately six weeks after the agreed deadline.
We will not investigate this complaint about how the Council dealt with Mrs X’s planning application.
Mrs X could have appealed to the Planning Inspector after eight weeks if she was unhappy with how long the Council was taking to determine her applications.
The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal does not provide a remedy for all the claimed injustice.
Final decision
We will not investigate Mrs X’s complaint because she had a right to appeal to the Planning Inspector once the Council had failed to make a decision on her planning application after eight weeks.
Investigator's decision on behalf of the Ombudsman