Basingstoke & Deane Borough Council (23 004 303)

Category : Planning > Planning applications

Decision : Closed after initial enquiries

Decision date : 09 Jul 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant is complaining on behalf of a Parish Council and not as a member of the public.

The complaint

  1. The complainant, whom I shall refer to as Mr X, has complained on behalf of a Parish Council about how the Borough Council dealt with a planning application in the area. Mr X says the Council’s actions have led to an unwanted and inappropriate development and residents have lost trust in the Council.
  2. Mr X has also complained about how the Council has dealt with the complaint.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. We can only accept complaints 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)
  3. We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)

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How I considered this complaint

  1. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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Final decision

  1. We will not investigate Mr X’s complaint because we can only accept complaints from members of the public or their authorised representatives. Mr X is not complaining as a member of the public and is instead complaining on behalf of a Parish Council.

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Investigator's decision on behalf of the Ombudsman

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