Peak District National Park Authority (21 000 610)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 23 Nov 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about planning permission which the complainant says has resulted in access problems. The right of access is a private matter unaffected by the Authority’s grant of planning permission.
The complaint
- The complainant, who I refer to here as Mr B, has complained he has had access problems since the Authority granted planning development at business premises near his home.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
- We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:
- it is unlikely we would find fault;
- any fault has not caused injustice to the person who complained; or
- any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mr B and information on the Authority’s website. I also considered our Assessment Code.
My assessment
- The Authority received a planning application for the development at the business premises. It had to consider the application on its planning merits and grant planning permission if there were no valid grounds for refusal. I have seen nothing to suggest fault in how it did this.
- The grant of planning permission simply means development is acceptable to the Authority in planning terms. It is does not confer or remove any private rights. Any issue about access rights is a private matter between Mr B and the operator of the business premises. .
Final decision
- We will not investigate Mr B’s complaint because we are unlikely to find evidence that fault by the Authority caused the access issues he complains about.
Investigator's decision on behalf of the Ombudsman