Harrogate Borough Council (21 016 494)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 03 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Council’s planning process, which resulted in the grant of permission to a development. Mrs X has made the complaint on behalf of a parish council. We cannot investigate complaints from and made on behalf of public bodies.
The complaint
- Mrs X complains, on behalf of a Parish Council, about how the Borough Council’s planning process dealt with and granted permission for a development in the area.
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 cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)
How I considered this complaint
- I considered information from Mrs X, and the Ombudsman’s Assessment Code.
My assessment
- We cannot investigate Mrs X’s complaint. This is because Mrs X has brought the complaint on behalf of a Parish Council. It is not a complaint made by a member of the public.
- We cannot by law investigate where someone is complaining as a member of a body constituted for the public good, which includes parish councils. The complaint is outside our jurisdiction.
Final decision
- We cannot investigate Mrs X’s complaint because it is a complaint from a public body.
Investigator's decision on behalf of the Ombudsman