The Ombudsman's final decision
Summary: We have discontinued our investigation of Mr X’s complaint. Part of Mr X’s complaint has been considered by the Planning Inspectorate, and the other part is a legal matter for the Courts. The law says we should not investigate these matters.
The complaint
Mr X complained the Council: Failed to honour a historic covenant on his land.
Restricted his rights to develop.
Have not followed national Green Belt policy when designating his land in the Local Plan.
Discriminated against him by allow others to develop their land.
He said the Council’s actions have prevented him for enjoying his land and have restricted his legal rights.
The Ombudsman’s role and powers
We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b)) The Planning Inspector acts on behalf of the responsible Government minister.
How I considered this complaint
I have considered Mr X’s complaint and have spoken to him about it.
I have also considered the Council’s responses to Mr X.
Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Development Plan The Council’s Local Plan has been prepared over a number of years. The process started in 2013 and included three stages of consultation in 2013/14, 2016 and 2018. The Council submitted the Local Plan to the Planning Inspectorate in May 2018. The Examination Hearings were held in October 2020. Following consultation on the main modifications in summer 2021, the Council received the Inspector’s Report later that year. The Council adopted the Local Plan in January 2022.
What happened The Council designated Mr X’s land as Green Belt in the adopted Local Plan. Mr X said a historic legal agreement meant the land was allocated for residential. The Council said land can only be allocated through the Local Plan process.
My findings
I have discontinued my investigation of Mr X’s complaint.
The issue surrounding the historic agreement/covenant is a legal matter. The law says we should not investigate complaints if the matter would be better dealt with in court. It is reasonable for Mr X to take this approach.
The designation of Mr X’s land as Green Belt has been considered by the Planning Inspectorate. The law says we should not investigate matters that have been dealt with by a government minister.
Final decision
I have discontinued my investigation. Part of Mr X’s complaint has been considered by the Planning Inspectorate, and the other part is a legal matter for the Courts.
Investigator's decision on behalf of the Ombudsman