The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s delay in determining a planning application for a vehicle crossing. It was reasonable for Ms X to appeal to the Planning Inspectorate to seek a determination once the timescale for a decision was exceeded.
The complaint
Ms X complained about the Council delaying for several months beyond the timescale for deciding a planning application for a vehicle crossing at her home. She believes the Council should compensate her for the period of delay.
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)) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X applied to the Council for planning permission for a hardstanding and vehicle crossing at her home. Not all such crossings require planning approval but this was required in her case. She submitted the application In September 2021 but the case was not validated until February 2022. She complained to the Council about the delay and in May the plans were approved.
Ms X says the delays were unreasonable and other residents (who may not have required planning approval) had their crossings approved by the highway authority much more promptly.
The vehicle crossings are subject to approval by the highway authority, which is the County Council in this area, but Ms X also required planning approval. When a planning application is delayed by more than 8 weeks (or 13 weeks with consent) the applicant may appeal to the Secretary of State, who is represented by the Planning Inspectorate, for a determination of the plans.
It was reasonable for Ms X to appeal against the non-determination of her plans once the timescale for a decision was exceeded by the Council. The final decision on the works will be made by the highway authority.
Final decision
We will not investigate this complaint about the Council’s delay in determining a planning application for a vehicle crossing. It was reasonable for Ms X to appeal to the Planning Inspectorate to seek a determination once the timescale for a decision was exceeded.
Investigator's decision on behalf of the Ombudsman