Durham County Council (19 014 297)
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr Q’s complaint about the Council’s Local Plan. This is because the Planning Inspector is better placed to consider the matters complained of.
The complaint
- The complainant, who I have called Mr Q, complained about Durham County Council’s Local Plan. He said the Council did not consult properly and the Local Plan does not comply with the National Planning Policy Framework.
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 or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered the information Mr Q provided. I considered information available on the Council’s website.
What I found
Background
- Local plans are prepared by the local planning authority (LPA). Once the LPA has finished preparing and consulting on a local plan it must be submitted to the Planning Inspector for examination.
- The Planning Inspector assesses whether the plan has been prepared in accordance with legal and procedural requirements, and whether it is sound. The tests for soundness are set out in the National Planning Policy Framework (NPPF).
- The Planning Inspector considers evidence provided by the LPA, as well as representations made by local people and others. It may hold public hearing sessions.
- Durham County Council is a local planning authority.
What happened
- The Council consulted on a proposed new local plan, which it calls the Durham County Plan (DCP). In 2019 it passed the DCP to the Planning Inspector for examination. The Planning Inspector is still examining the DCP.
- Mr Q said the Council did not properly consult on the DCP. Nor does he think it complies with the NPPF. He believes the Council’s failure to listen to local people enables developers to make applications that have a negative impact on local communities. Among other things, Mr Q said the Council should take account of what local people want before it starts drafting a DCP.
Analysis
- The Council is required to pass the proposed DCP to the Planning Inspector for examination. It is then the Planning Inspector’s role to decide whether the Council has done what the law requires it to do. It is also the Planning Inspector’s role to decide whether the DCP complies with the requirements of the NPPF.
- So the Planning Inspector is better placed to consider the matters Mr Q is concerned about. We will not investigate his complaint for this reason.
Final decision
- We will not investigate Mr Q’s complaint. This is because another body is better placed to consider the matter.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman