The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the discharge of a planning condition in 2025. Mrs X had the right to appeal to the Planning Inspector it would have been reasonable to use.
The complaint
Mrs X complained of the way the council dealt with an application to discharge a planning condition in 2025.
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 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.
I have not considered matters relating to earlier actions of the Council in 2024 and before that. We have already considered them in complaint 23 019 941.
My assessment
A refusal by a planning authority to discharge a planning application carries with it a right of appeal to the Planning Inspector. It would have been reasonable for Mrs X to appeal against a Council decision to refuse the discharge application, so there would be no reason for us to exercise discretion.
The complaint correspondence states Mrs X has used her right of appeal to the Planning Inspector. If that is correct, then we cannot investigate the complaint, and no discretion would be available to us.
Final decision
We will not investigate Mrs X’s complaint because she has a right of appeal it would be reasonable to use.
If Mrs X has used that right of appeal, we cannot investigate her complaint.
Investigator's decision on behalf of the Ombudsman