Cheshire East Council (24 019 174)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 01 Apr 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about planning applications because there is a right of appeal to a Planning Inspector.
The complaint
- Ms X complains that the Council has refused two planning applications she submitted and has failed to give advice to enable her to make a successful planning application,
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 the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that the Council refused two planning applications she submitted. She says that the Council has failed to provide further advice as to how to make a successful planning application.
- Any decision to refuse a planning application can be appealed to a Planning Inspector. The Planning Inspectorate is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
- The Council says that they considered the second planning application to be similar to the first and so no further advice was provided. Nevertheless, the Council provides a paid pre planning application advice service which Ms X can access if she wishes to pursue this.
Final decision
- We will not investigate Ms X’s complaint because there was a right of appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman