Buckinghamshire Council (21 018 196)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 25 Mar 2022
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s decision to declare the complainant’s property a non-designated heritage asset. This is because the matter has been subject to court proceedings. The complainant has also appealed to the Planning Inspector.
The complaint
- Mr X has complained on behalf of Mr Y about the Council’s decision to declare Mr Y’s property a non-designated heritage asset (NDHA). Mr X says the decision was based on insufficient information and he has questioned if the Council had the authority to declare the property a NDHA. Mr X says the decision led to the Council refusing Mr Y’s planning application.
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 a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
- We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
- 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 Mr X and the Ombudsman’s Assessment Code.
My assessment
- Mr X has complained about the Council’s decision to declare Mr Y’s property a NDHA. But an application was made for a Judicial Review of the Council’s decision and the Ombudsman cannot investigate matters already considered by the courts.
- The decision to declare the property a NDHA is also related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal did not address all the issues complained about.
Final decision
- We cannot investigate Mr Y’s complaint because the issues complained about have been subject to court proceedings. Mr Y has also used his right to appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman