South Somerset District Council (20 009 957)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 08 Feb 2021
The Ombudsman's final decision:
Summary: Mr X complains that the Council failed to send a Planning Inspector all necessary documents to support their refusal of a planning application. We will not investigate this complaint because the decision to grant planning permission was by a Planning Inspector who is out of jurisdiction.
The complaint
- Mr X complains that the Council failed to send a Planning Inspector all necessary documents to support their refusal of a planning application.
The Ombudsman’s role and powers
- 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.
- 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)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.
What I found
- A planning application for a large residential development was submitted to the Council in June 2018. The Council refused the planning application in September 2019. The developer appealed and the Planning Inspector allowed the appeal, granting planning permission in June 2020.
- Mr X says that the Council failed to submit all necessary documents to the Council to support their decision to refuse the planning application.
- The decision was made by the Planning Inspector who is out of jurisdiction. The Planning Inspector was responsible for ensuring all necessary and appropriate documents were before him when he reached his decision. The Ombudsman cannot second guess the Planning Inspector as to what evidence was needed. Mr X can complain about the Planning Inspector’s decision to the Parliamentary Ombudsman via his MP.
Final decision
- I do not intend to investigate this complaint because the decision was made by a body out of jurisdiction.
Investigator's decision on behalf of the Ombudsman