The Ombudsman's final decision
Summary: We will not investigate this complaint about delays in determining the complainant’s planning application. It is reasonable to expect the complainant to have used her right of appeal to the Planning Inspector.
The complaint
Mrs X complains about delays in determining her planning application, resulting from a drainage consultee response being overlooked and confusion about an objection raised by the ecology consultee.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 (PINS) acts on behalf of the responsible Government minister. PINS can consider 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.
information about Mrs X’s planning application, available on the Council’s planning website.
the Ombudsman’s Assessment Code.
My assessment
The Ombudsman will not usually investigate when someone has a right to appeal to PINS, even if the appeal could not provide a complete remedy for all the injustice claimed.
I see no good reasons why Mrs X should not be expected to have used her right of appeal to PINS if she was unhappy with the time it was taking to determine her planning application. With reference to paragraphs 3 and 4 above, the complaint is therefore outside our jurisdiction and will not be investigated.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable to expect her to have used her right of appeal to PINS.
Investigator's decision on behalf of the Ombudsman