London Borough of Lambeth (25 009 534)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 09 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Mr X’s complaint about a planning application refusal by the Council. This is because Mr X has an appeal right, and it would be reasonable for Mr X to use this appeal right to the Planning Inspectorate.
The complaint
- Mr X complained the Council rejected his planning application. Mr X stated this caused upset to his business. Mr X is seeking the decision to be overturned.
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)
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 is disputing Council’s grounds for rejecting his planning application and seeking for decision to be overturned.
- 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.
- If Mr X is unhappy with the Council’s handling of his planning application and its decision not to grant planning permission, for whatever reason, it would have been reasonable for him to use his right of appeal. This is because we cannot overturn the Council’s decision and parliament set up the appeal right specifically for this purpose.
Final decision
- We will not investigate Mr X’s complaint because it would be reasonable for Mr X to appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman