Test Valley Borough Council (22 011 983)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 01 Dec 2022
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about how the Council dealt with a breach of planning control. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate as the complainant is complaining on behalf of a parish council and not as a member of the public.
The complaint
- The complainant, whom I shall refer to as Mr X, has complained on behalf of a parish council about how the Council dealt with a breach of planning control and its decision not to take enforcement action.
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. This includes parish councils. (Local Government Act 1974, section 27(1)(a), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
Final decision
- We cannot investigate Mr X’s complaint because he is complaining on behalf of a parish council. As he is not complaining as a member of the public the complaint is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman