Vale of White Horse District Council (19 014 447)

Category : Planning > Other

Decision : Closed after initial enquiries

Decision date : 28 Jan 2020

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

  1. Mr X complains about the Council’s consideration of a legal agreement as part of a planning application for a development of housing.

Back to top

The Ombudsman’s role and powers

  1. 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))
  2. 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.

Back to top

How I considered this complaint

  1. I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.

Back to top

What I found

  1. Mr X is a planning agent who represents a developer who obtained outline planning permission for a residential development.
  2. 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.
  3. 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.
  4. I note Mr X wrote to the Council to say he was proposing to appeal the matter to the Planning Inspector.
  5. 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.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings