Summary
Mr X complains about the way the Council considered a planning application. We will not investigate this complaint because the planning application was determined by a Planning Inspector who is out of our jurisdiction. The Council’s actions cause no significant injustice to Mr X.
The complaint
Mr X complains about the way the Council considered a planning application.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with 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)) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant provided comments on a draft of my decision which I have also considered.
My assessment
Mr X raises questions about the way the Council considered a planning application for a large development near him. The planning application was not determined in time by the Council and so the matter was appealed to a Planning Inspector who granted planning permission.
Any injustice caused by the planning permission itself is out of jurisdiction as the matter was determined by a body not within our jurisdiction. The actions of the Council prior to the Council cause no significant injustice as they did not determine the planning application.
Final decision
We will not investigate this complaint because the decision was made by a body out of our jurisdiction.
The Council’s actions cause no significant injustice to Mr X.
Investigator's decision on behalf of the Ombudsman