Summary: We will not investigate Mrs X’s complaint about the decision to grant planning permission for a development close to her home. This is because the Planning Inspectorate, not the Council, granted planning permission for the development. Any injustice to Mrs X is not therefore as a result of the Council’s actions.

The complaint

1. The complainant, whom I shall call Mrs X, complains about a development of houses close to her home and the impact it has had on her own property.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate.
4. The Planning Inspectorate acts on behalf of the responsible Government minister and 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.

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How I considered this complaint

5. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

6. Mrs X is unhappy about a housing development close to her home. Mrs X says the houses are too large and too close to her own property. Mrs X is unhappy her home is overlooked by the new houses. Mrs X is also unhappy about the behaviour of some of the residents of the new development.
7. The evidence I have seen shows the Council did not grant planning permission for the development at the heart of Mrs X’s complaint. The developer originally submitted a planning application in 2015. When the Council failed to determine the application, the developer appealed successfully to the Planning Inspectorate. We cannot therefore hold the Council responsible for the impact of the development on Mrs X’s property. The Planning Inspectorate is the body which allowed the development to go ahead. We have no jurisdiction to investigate complaints about their decisions.
8. If Mrs X believes she is a victim of anti-social behaviour from the residents of the new development she could contact the Police or the Council’s Environmental Health team. If the residents of the development whose behaviour is of concern are social housing tenants, Mrs X could raise her concerns with the social housing provider.

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Final decision

9. We will not investigate Mrs X’s complaint. This is because the Planning Inspectorate, not the Council, granted planning permission for the development at the heart of Mrs X’s complaint.

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Investigator's decision on behalf of the Ombudsman