Source · LGO (Local Government & Social Care Ombudsman)

Harrogate Borough Council

LGO (Local Government & Social Care Ombudsman) Other Reference 21-016-494 Sector Planning Category Planning Applications Decided 03 March 2022

Full decision

The Ombudsman's final decision

Summary: We will not investigate Mrs X’s complaint about the Council’s planning process, which resulted in the grant of permission to a development. Mrs X has made the complaint on behalf of a parish council. We cannot investigate complaints from and made on behalf of public bodies.

The complaint

Mrs X complains, on behalf of a Parish Council, about how the Borough Council’s planning process dealt with and granted permission for a development in the area.

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 complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)

How I considered this complaint

I considered information from Mrs X, and the Ombudsman’s Assessment Code.

My assessment

We cannot investigate Mrs X’s complaint. This is because Mrs X has brought the complaint on behalf of a Parish Council. It is not a complaint made by a member of the public.

We cannot by law investigate where someone is complaining as a member of a body constituted for the public good, which includes parish councils. The complaint is outside our jurisdiction.

Final decision

We cannot investigate Mrs X’s complaint because it is a complaint from a public body.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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Reference Date Summary Outcome
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22-009-021 17 Nov 2022 Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because we … Other
21-015-928 27 Oct 2022 Summary: Mr X complained about the way the Council decided a planning application for a development near his home. He … Not Upheld
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