Summary: Ms B complains the Council has not taken enforcement action against a developer for breaches of planning control. The Ombudsman will discontinue this investigation. Ms B is complaining as a parish councillor and so the complaint is out of our jurisdiction.

The complaint

1. The complainant, who I refer to as Ms B, complains the Council has not taken enforcement action against a developer for breaches of planning control.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)

We can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)

4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I found

5. I will discontinue the investigation as Ms B is complaining as part of her role on a Parish Council and therefore the complaint is not in our jurisdiction. I understand Ms B is also a local resident, but it is clear she became engaged in this case through her role on the Parish Council. Her home address is not in close proximity to the development and so we would not be able to find a significant personal injustice arising directly from any breaches of planning control.

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Final decision

6. I have discontinued this investigation as it is not within our jurisdiction.

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Investigator's decision on behalf of the Ombudsman