London Borough of Newham (25 027 937)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 21 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about refusals of planning permission by the Council. Mr X has had a right to appeal to the Planning Inspector it would be reasonable to use against the refusal of planning permission.
The complaint
- Mr X says the Council has given inconsistent reasons for refusing his planning applications over the past seven years.
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
- A planning enforcement notice.
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Parliament has provided a route for planning applicants to appeal against refusals of planning permission by local planning authorities by way of appeal to the Planning Inspector. It would have been reasonable for Mr X to use that right.
- Even if that right did not exist, there would be no good reason for us to investigate those refusals that happened more than 12 months before Mr X approached us. That is because he would have been aware of the matters and able to contest them from the times of the decisions to refuse permission.
Final decision
- We will not investigate Mr X’s complaint because he has had a right of appeal to the Planning Inspector it is reasonable to use.
Investigator's decision on behalf of the Ombudsman