Gateshead Metropolitan Borough Council (21 005 244)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 07 Sep 2021
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council dealt with his planning application. We will not investigate this complaint because he has a right of appeal to a Planning Inspector.
The complaint
- Mr X complains about the way the Council dealt with his planning application.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
- 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.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- I have considered Mr X’s comments on the draft decision.
My assessment
- Mr X says that he applied to develop land he had bought but was told that the planning application would not succeed due to the proximity to development on neighbouring land.
- Any dispute about whether planning permission should be granted is a matter for the Planning Inspector. The Planning Inspectorate is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
- Mr X says that a previous planning permission (granted in 2019) on neighbouring land showed plans which would encroach on their land. Any dispute about development on land is a private matter for which there is a legal remedy. Further, the Ombudsman would expect any purchaser of land to undertake due diligence to establish whether there are any planning issues which might affect any proposed development.
Final decision
- I do not intend to investigate this complaint because there is a right of appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman