South Downs National Park Authority (24 012 336)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 06 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about planning policy as this is a matter for the Planning Inspector and there is insufficient injustice to warrant investigation.
The complaint
- Mr X complains about the Council’s application of its planning policy in relation to a neighbouring dwelling.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Authority.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s neighbour submitted a planning application for a loft conversion and windows in 2022. The planning application was refused by the Council in 2023 (a previous similar planning application had been withdrawn).
- I do not consider that any significant injustice has been caused to Mr X by a refused (or withdrawn) planning application.
- Mr X argues that the Council has misinterpreted its planning policy in its consideration of this and other planning applications. Mr X wants the Ombudsman to correct the Council’s planning policy.
- The Ombudsman is not an expert planning body who can question the merit of planning decisions or planning policy. Only a Planning Inspector can independently consider the proper consideration of planning policy by a Council.
Final decision
- We will not investigate Mr X’s complaint because this is a matter for the Planning Inspector, there is insufficient injustice caused and the matter is out of time.
Investigator's decision on behalf of the Ombudsman