Summary: Mrs X complains that the Council acted with fault when considering the use of a s106 payment by a developer for planning permission. The Ombudsman will not investigate this complaint because it has been made by a public body (a Parish Council).

The complaint

1. Mrs X complains that the Council acted with fault when considering the use of a s106 payment by a developer for planning permission.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)

Back to top

How I considered this complaint

3. I considered the complainant's and Council's comments. The complainant has been given the opportunity to comment before a final decision has been made.

Back to top

What I found

4. Mrs X says that a payment agreed as part of a s106 agreement (whereby a planning applicant agrees to pay towards local needs in order to obtain planning permission) was ill considered. The developer agreed to pay a sum to a local sports facility.
5. The Ombudsman cannot investigate complaints from Parish Councils as complaints must be made by members of the public.

Back to top

Final decision

6. The Ombudsman will not investigate this complaint because this complaint has been made by a Parish Council.
    

Back to top

Investigator's decision on behalf of the Ombudsman