South Cambridgeshire District Council (25 011 747)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 08 Dec 2025
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