on the lessons that can be learnt from our complaints about end of life care given in care homes and in the home.
Category : Planning > Planning applications Decision : Closed after initial enquiries Decision date : 12 Apr 2026
The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council providing incorrect information to a planning committee and its subsequent decision to refuse planning permission. Mr X has appealed to the planning inspectorate about this matter and therefore the law says we cannot investigate.
The complaint
Mr X complained the Council failed to remove an objection to his planning application which had been withdrawn by the objector, from a report before a planning committee considered it.
Mr X said this created an unfair influence on the planning decision and was a major factor in the decision to refuse the application.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (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; and a planning enforcement notice.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council failed to remove an objection to his planning application which had been withdrawn, from a report before it presented it to a planning committee.
The available evidence shows Mr X appealed to the Planning Inspectorate about the refusal of his planning permission. Mr X included the matters he complained to the Ombudsman about, in his appeal.
As outlined in paragraph four, the law prevents us from investigating a complaint where someone has appealed to a government minister about the same issue. For this reason, we cannot investigate this complaint.
Final decision
We cannot investigate Mr X’s complaint because Mr X has already appealed to the Planning Inspectorate about the matter.
Investigator's decision on behalf of the Ombudsman