Vale of White Horse District Council (19 014 447)
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s consideration of a legal agreement as part of a planning application for a development of housing. The Ombudsman will not investigate this complaint because there is a right of appeal to a Planning Inspector.
The complaint
- Mr X complains about the Council’s consideration of a legal agreement as part of a planning application for a development of housing.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
- The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:
- delay – usually over eight weeks – by an authority in deciding an application for planning permission
- a decision to refuse planning permission
- conditions placed on planning permission
- a planning enforcement notice.
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.
What I found
- Mr X is a planning agent who represents a developer who obtained outline planning permission for a residential development.
- The developer submitted a scheme which proposed a reduction in the number of affordable dwellings on the land. He says that the Council did not seek an independent view on the developer’s proposal.
- The Ombudsman would not pursue a complaint where there is a right of appeal to a Planning Inspector. In this case, any decision by the Council regarding a planning application or legal agreement which forms part of a planning permission can be appealed to a Planning Inspector.
- I note Mr X wrote to the Council to say he was proposing to appeal the matter to the Planning Inspector.
- The Planning Inspector can consider the merits of the proposal which the Ombudsman cannot do. The developer can also seek costs if it can be shown that the Council acted unreasonably.
Investigator's decision on behalf of the Ombudsman