West Suffolk Council (25 022 712)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 16 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with two of Mr X’s planning applications. This is because Mr X has already used his legal rights to appeal to the Planning Inspector on the substantive matters, we have partly considered Mr X’s complaints already and it is not a good use of public funds to look at side issues in isolation from the substantive matters.
The complaint
- Mr X complains about how the Council refused two of his planning applications.
- Mr X says the Council’s decision making was affected by delay and unfairly refused without clear justification, evidence or cause. Mr X says he has been caused stress and wants his cases reviewed.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
- I considered information provided by Mr X, his previous complaints 25011043, 24011099 and the Ombudsman’s Assessment Code.
My assessment
- The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
- Mr X has raised many concerns about the Council’s handling of his planning applications. However, he has already exercised his appeal rights to the Planning Inspectorate. From our previous considerations of his complaints, I note we have informed him we have no remit to investigate as he has appealed.
- Mr X says this is complaint is about how the Council reached its decisions, but any side issues cannot be separated out and investigated in isolation. This is because Mr X’s remedy lay via the Planning Inspectorate.
Final decision
- We will not investigate Mr X’s complaint because he has used his appeal rights, and we do not look in isolation at side issues where the substantive matter was considered by the Planning Inspectorate as it is not a good use of public funds. Also, we have partly considered Mr X’s complaint previously.
Investigator's decision on behalf of the Ombudsman