Central Bedfordshire Council (21 010 524)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 19 Nov 2021
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about how the Council dealt with a planning application. This is because the complainant does not complain as a member of the public.
The complaint
- The complainant, who I will call Cllr X, complains about how the Council dealt with a planning application for a housing development. Cllr X, who is a Councillor representing the authority where the development is located, says the development has a negative impact on the amenity of nearby residents
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We can only accept complaint from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I cannot investigate this complaint because Cllr X is complaining on behalf of residents, in her capacity as a councillor. She therefore does not complain as a member of the public and as such we have no legal remit to investigate.
- Even if we were to receive a complaint from a member of the public directly affected by the issues raised in Cllr X’s complaint, I would not investigate. This is because decisions regarding the application were made in 2018 and therefore the restriction detailed in paragraph 3 would be relevant.
Final decision
- I cannot investigate Cllr X’s complaint because she does not complain as a member of the public.
Investigator's decision on behalf of the Ombudsman