West Suffolk Council (23 002 305)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 12 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s planning decisions as they are appealable to a Planning Inspector.
The complaint
- Mr X complains about the Council’s refusal of his planning applications.
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))
- 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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains on behalf of his company about planning decisions made by the Council in relation to his planning applications.
- Mr X has appealed to a Planning Inspector previously.
- The Ombudsman cannot investigate a complaint where an appeal has been made to a Planning Inspector. Nor would he investigate a complaint where a right of appeal exists to a Planning Inspector. The Planning Inspectorate is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Investigator's decision on behalf of the Ombudsman