Lewes District Council (26 001 831)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 26 Jul 2026
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council not paying legal costs Ms X says the Planning Inspector awarded. The matter of legal costs is not separable from the right of appeal Ms X used. Even if it were, pursuit of an award of legal costs is a matter for a court, not the Ombudsman.
The complaint
- Ms X says the Planning Inspector awarded partial costs due to unreasonable behaviour by the Council during a planning appeal. She says the Council has failed to pay the costs awarded.
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.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X’s appeal to the Planning Inspector means we cannot investigate any matter connected to the appeal. That includes any award of costs or any failure of the Council to pay such an award.
- Even if the matter did not relate to the Planning Inspector, a pursuit of an award of legal costs would be a matter for a court to determine.
Final decision
- We cannot investigate Ms X’s complaint because the matters complained of are directly related to an appeal to the Planning Inspector.
- The pursuit of an award of legal costs is also a matter for a court to determine where one party declines to pay.
Investigator's decision on behalf of the Ombudsman