Summary: We will not investigate Mrs X’s complaint that the Authority refused consent for a local landowner to continue to operate a car park on their land. This is because the Planning Inspectorate, rather than the Authority itself, is responsible for the final decision on the matter and we cannot question or reopen it.

The complaint

1. The complainant, Mrs X, complains the Lake District National Park Authority (LDNPA) refused consent for a private landowner to continue using land as a public car park. She says the car park served local residents and tourists and she would like the LDNPA to reconsider its decision.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot investigate complaints about actions which are not the administrative function of the council complained about. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

4. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

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My assessment

5. The LDNPA identified the landowner’s actions as a breach of planning control and issued an enforcement notice requiring them to remove the car park. But the landowner appealed to the Planning Inspectorate and the Planning Inspectorate’s decision supersedes that of the LDNPA.
6. It is not for the LDNPA or the Ombudsman to challenge or seek to circumvent the Planning Inspectorate’s decision. The Planning Inspectorate’s decision is binding on all parties and any injustice Mrs X or any other person may claim from the requirement to remove the car park is now a consequence of their decision rather than any action by the LDNPA.

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Final decision

7. We will not investigate this complaint. This is because the Planning Inspectorate upheld the requirements of the LDNPA’s enforcement notice and it is their decision which causes the injustice Mrs X claims.

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Investigator's decision on behalf of the Ombudsman