North Northamptonshire Council (25 000 333)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about planning permission because the matter has been considered by a court.
The complaint
- Mr X complains about the Council’s decision to grant planning permission for an industrial development near his home.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Council failed to properly notify residents of a planning permission in 2022 which impacted upon his home. Residents pursued a Judicial Review against the Council. The court case was heard but ultimately rejected on the grounds of time.
- The complainant argues that the costs were unreasonable
- The Ombudsman cannot investigate a complaint which has been considered by the courts. The complaint is therefore out of jurisdiction.
Final decision
- We will not investigate Mr X’s complaint because the matter was appealed to the courts.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman