North Yorkshire Council (23 018 836)

Category : Planning > Enforcement

Decision : Closed after initial enquiries

Decision date : 03 Apr 2024

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about the Council failing to take appropriate enforcement action against breaches of planning control, because we have no power to investigate complaints made by public bodies.

The complaint

  1. The complainant, a parish council, says the Council is failing to take appropriate enforcement action against breaches of planning control at an airfield.

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The Ombudsman’s role and powers

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

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How I considered this complaint

  1. I considered information provided by the complainant and the Council, which included their complaint correspondence.
  2. I also considered the Ombudsman’s Assessment Code.

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My assessment

  1. With reference to paragraph 3 above, the Ombudsman cannot investigate this complaint because it is made by a parish pouncil, which is a public body.

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Final decision

  1. We cannot investigate this complaint because it is being made by a parish council.

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Investigator's decision on behalf of the Ombudsman

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