Maidstone Borough Council (25 004 761)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the decision to grant planning permission for a new development near the complainant’s home. This decision was made by the Planning Inspectorate, which is not a body within our jurisdiction.
The complaint
- Mr X complains about a decision to grant planning permission for over 100 new houses in the village where he lives.
The Ombudsman’s role and powers
- 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)
- The Planning Inspectorate acts on behalf of the responsible Government minister. The Planning Inspectorate 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 considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- An outline planning application for more than 100 new homes was made to the Council in August 2019. The Council refused the planning application in April 2024. The applicant appealed and the Planning Inspector allowed the appeal, granting planning permission in March 2025.
- I understand Mr X is dissatisfied with the information and responses the Council made to the Planning Inspector. However, the decision to allow the development was made by the Planning Inspectorate, which is not a body within the Ombudsman’s jurisdiction therefore we cannot investigate the matter.
Final decision
- We will not investigate Mr X’s complaint because the Council did not grant the planning permission at the heart of Mr X’s complaint.
Investigator's decision on behalf of the Ombudsman