Summary: We will not investigate this complaint about an alledged delay by the Council to process and decide the complainant’s planning application, as well as how this was considered. This is because the Council’s planning decision, as well as a failure to decide this within the legal time frame, carries a right of appeal to the Planning Inspectorate. This is the body established to consider such matters and we consider it would not be unreasonable for the complainant to exercise her right of appeal.

The complaint

1. The complainant (Miss R) complains about a delay by the Council in processing her planning application which she says she submitted in February 2021. She is also says the Council’s handling of her complaint has been poor.
2. In summary, Miss R says the alledged fault resulted in a 33 month delay to her building project and caused her considerable distress, anxiety and uncertainty. As a desired outcome, she wants the Council to refund the application fee.

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The Ombudsman’s role and powers

3. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended).
4. 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).
5. 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; and
• a planning enforcement notice.

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How I considered this complaint

6. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. On the information provided by Miss R, she submitted a planning application to the Council in February 2021 and paid the relevant fee. She says she later received an email from the Council that this had been refused. She complains about issues in how the Council handled the application, including an alledged failure to consider evidence she submitted about her plans. Miss R also says the Council failed to determine the planning application in a reasonable time.
8. While I recognise the issues raised by Miss R, she had a right of appeal to appeal to the Planning Inspectorate in respect of the issues raised. This is the body Parliament established to consider such disputes and I see no good reason why it would be unreasonable for Miss R to exercise that right. While the time limits to bring an appeal to the Planning Inspectorate has now lapsed, Miss R can request permission to make a late appeal.
9. I note Miss R’s complaint also relates to poor complaint. However, given we cannot deal with the substantive issue concerning the planning application, I do not consider it would be a good use of public resources to investigate a complaint about the complaints process. I am therefore exercising my general discretion to not investigate this part of the complaint.

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Final decision

10. We will not investigate this complaint. This is because the restriction I outline at paragraph three and four (above) applies.

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Investigator's decision on behalf of the Ombudsman