Bedford Borough Council (24 009 958)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 08 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council considered Mr X’s planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We consider it reasonable to expect Mr X to have used his right to appeal against both non determination of the application and the eventual refusal.
The complaint
- Mr X complains about the way the Council dealt with his planning application. The application was not determined within the statutory timeframe and was eventually refused.
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 Mr X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the application were not determined by the statutory timeframe and the officer displayed disingenuous behaviour, with the intention of weakening the appeal status. He also says the Council failed to follow the planning application process. The application was eventually refused.
- We will not usually investigate complaints about matters which carry a right of appeal to a tribunal or a government minister. Complaints about planning refusal and delay in determination may be appealed to the Planning Inspectorate which acts on behalf of the Secretary of State and is the proper authority to decide planning appeals. It was reasonable for Mr X to appeal about any delay or refusal of his applications.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable to expect him to have used his right of appeal against the non-determination and/or the refusal of his planning application. This applies even if the appeal does not address all the issues complained about.
Investigator's decision on behalf of the Ombudsman