The Ombudsman's final decision
Summary: We will not investigate this complaint about the location of a settlement boundary within the Council’s Local Plan. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Local Plan, including the settlement boundaries were approved by the Planning Inspectorate and complaints about its content are therefore outside our jurisdiction.
The complaint
Mr X complains the Council failed to draw the settlement boundary in the correct location on the Local Plan maps adopted by the Council in 2022. He says this will cause conflict and possible planning appeals if any further planning applications are made on the Strategic Housing Land Availability Assessment and Self-Build registered land. And it will reduce the sale value of the land should it be brought to market. Mr X wants the Council to redraw the settlement boundary in what he says is the correct place.
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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because the settlement boundaries were subject to consultation and approved by the Planning Inspector as sound as part of the Local Plan process. The Local Plan including the settlement boundaries were adopted by the Council in 2022. Decisions by the Planning Inspectorate are outside our jurisdiction.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman