Summary: We will not investigate this complaint about planning permission as the matter was considered by a Planning Inspector; a body which is out of jurisdiction.

The complaint

1. Ms X complains that the Council granted planning permission for a neighbour’s extension without proper consultation.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate . (Local Government Act 1974, sections 25 and 34(1), as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X argues that the Council failed to properly consult her and other neighbours about a planning application for an extension opposite her.
6. The Council granted planning permission for the extension in February 2022. However, the extension was not bult as approved and a retrospective planning application was submitted for a window which had not been a part of the planning permission. The Council refused that planning application and the applicant appealed to the Planning Inspector.
7. The Planning Inspector overturned the Council’s decision and stated “planning permission is granted for the erection of the garage…”
8. Planning permission was therefore confirmed by the Planning Inspector, a body outside our jurisdiction. The Ombudsman cannot consider the merits of a planning permission and any arguments as to procedural failures are ultimately overturned by the Planning Inspector’s judgement that the development was acceptable.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because the matter was considered by a Planning Inspector.

Back to top

Investigator's decision on behalf of the Ombudsman