The Ombudsman's final decision
Summary: We will not investigate this complaint about planning permission because the matter has been considered by a court.
The complaint
Mr X complains about the Council’s decision to grant planning permission for an industrial development near his home.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that the Council failed to properly notify residents of a planning permission in 2022 which impacted upon his home. Residents pursued a Judicial Review against the Council. The court case was heard but ultimately rejected on the grounds of time.
The complainant argues that the costs were unreasonable The Ombudsman cannot investigate a complaint which has been considered by the courts. The complaint is therefore out of jurisdiction.
Final decision
We will not investigate Mr X’s complaint because the matter was appealed to the courts.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman