The Ombudsman's final decision
Summary: We will not investigate this complaint about the decision to grant planning permission for new properties near the complainant’s home. The decision was made by the Planning Inspectorate which is not a body within our jurisdiction.
The complaint
Mr X complains the Council failed to provide the correct information to the Planning Inspector which he says led the Planning Inspector to grant planning permission for new properties near his home.
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 34(1), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I understand Mr X says the Council failed to provide the correct information about what he says is dangerous access to the Planning Inspector about a planning application for new properties near his home.
However, the Council refused the application. The developer appealed against the refusal. The Planning Inspector considered the appeal. The Inspector visited the site and was therefore aware of the access arrangements. Mr X also commented as part of the appeal process. Therefore, I consider the matters complained of are outside our jurisdiction as Mr X’s concerns were available to the Planning Inspector who granted planning permission.
Final decision
We will not investigate Mr X’s complaint because the Planning Inspectorate made the decision to approve the planning application and it is not a body within our jurisdiction.
Investigator's decision on behalf of the Ombudsman