Summary: We will not investigate Mr X’s complaint about his land being designated as local green space in a Neighbourhood Development Plan as we cannot investigate the Parish Council’s actions.

The complaint

1. Mr X says he was not informed that his land had been designated ‘local green space’ in a Neighbourhood Development Plan (NDP).

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as parish councils. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council’s replies to him.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

What happened

6. Mr X says in October 2022 he discovered that a local NDP in 2017 had designated land he owned as ‘local green space’. He says he was not notified or consulted about this. He complained to the parish council and this Council, in January 2023.
7. The Council say this is a matter to be taken up with the parish council as the lead qualifying body. It understands the parish council intends to introduce a new plan in the future.

Background responsibilities

8. Neighbourhood planning gives communities a direct role to develop a shared vision for their area and deliver the sustainable development they need. A neighbourhood plan forms part of the development plan and sits alongside the local plan prepared by the local planning authority (LPA). Decisions on planning applications will be made using both the local plan and the neighbourhood plan, and any other material considerations.
9. Where a community wants to take up the opportunities offered by neighbourhood planning, the legislation allows three types of organisation, known as ‘qualifying bodies’, to lead it:
• a parish or town council
• a neighbourhood forum
• a community organisation
10. The qualifying body here was the parish council.
11. A neighbourhood plan should contain policies for the development and use of land. “If successful at examination and referendum (or where the neighbourhood plan is updated by way of making a material modification to the plan and completes the relevant process), the neighbourhood plan becomes part of the statutory development plan.”
12. Local Planning Authorities (LPAs), in this case the Council, have a duty to guide and aid qualifying bodies preparing neighbourhood plans. This will include sharing information, providing advice, and encouraging best practice.
13. The Council must progress a filed neighbourhood plan proposal through the formal stages which include:
• publicising the submitted plan proposal
• arranging an independent examination
• deciding if the plan should advance to referendum; and
• making the necessary arrangements to hold the referendum.
14. An independent examiner considers the content of a neighbourhood plan. They are limited to testing whether a draft neighbourhood plan meets the basic conditions, and other matters set out in the relevant legislation. The independent examiner is not testing the soundness of a neighbourhood plan or examining other material considerations.

Analysis

15. The body responsible for the designation of Mr X’s land and not consulting him was the parish council. Parish councils are not within our jurisdiction. We are unlikely to find Council fault which has caused the land being designated.

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Final decision

16. We will not investigate Mr X’s complaint because we cannot investigate the parish council’s actions.

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Investigator's decision on behalf of the Ombudsman