Summary: Ms X complains about the Council’s alleged failure to provide a Planning Inspector with documents to determine an appeal. We will not investigate this complaint because the decision causing any injustice was made by a body out of jurisdiction.

The complaint

1. Ms X complains about the Council’s alleged failure to provide a Planning Inspector with documents to determine an appeal.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

3. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

4. A planning application for a large residential development near Ms X was submitted in June 2018. The Council refused the planning application in September 2019 and the Planning Inspector upheld the appeal (and granted planning permission) in June 2020.
5. Ms X says that the Council failed to pass on all objections (made to the planning application) on to the Planning Inspector.
6. The Ombudsman considers that it is the responsibility of the Planning Inspector to ensure that all necessary evidence and information is before them when they make a decision. Ms X’s complaint lies therefore against the Planning Inspector, who is out of our jurisdiction. Further, Ms X could pass any objections or other evidence she considered relevant to the Planning Inspector is she so chose.
7. We do not therefore consider the Council to be responsible for the decision of the Planning Inspector.

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Final decision

8. I do not intend to investigate this complaint because the decision was made by a body out of jurisdiction.

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Investigator's decision on behalf of the Ombudsman