The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to grant planning permission. It is reasonable to expect him to appeal.
The complaint
Mr X complains about the Council’s refusal to grant planning permission and its actions around this.
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)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied for planning permission in 2022. The Council granted planning permission with conditions attached. Mr X had a right of appeal to the planning inspector of those conditions being attached. He chose not to appeal.
Mr X applied in 2024 for the Council to remove one of those conditions. The Council refused that planning application.
We will not investigate Mr X’s complaint as it is reasonable to expect him to appeal. Mr X has provided no reasons why he should not have appealed.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal to the planning inspector.
Investigator's decision on behalf of the Ombudsman