Summary: We will not investigate Mrs X’s complaint about the Council’s actions in respect of the validity of the grounds on which it refused two planning applications. Regardless of whether the reasons used by the Council in doing so may contradict a court judgement about a related matter, there is a right of appeal to the Planning Inspector against the refusals of planning permission it would be reasonable to use.

The complaint

1. Mrs X said the Council refused two planning applications on the same grounds that had already been dismissed in a court judgement after an appeal by the Council against a ruling by the Planning Inspector on an application for a certificate of lawful development.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. There is a right of appeal to the Planning Inspector against the refusals of planning permission. The conduct of the Council in respect of the grounds it advanced in refusing the applications is not separable from the decisions themselves. We cannot act as an alternative route to settle this matter.

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Final decision

7. We will not investigate Mrs X’s complaint because she has a right of appeal to the Planning Inspector it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman