The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of a planning application. We are unlikely to find fault in the Council’s actions.
The complaint
The complainant, who I shall call Mr X, complains the Council has allowed an inappropriate development without demanding a detailed application that addresses all reserved matters.
He wants the Council to demand a full vehicle movement analysis of the proposed underground car park design.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council approved an outline planning application which included a condition requiring full details of the proposed car park layout to be provided as part of the Reserved Matters application.
The Council confirms it has adopted a new parking standard since the original application was approved. This means the proposal for 17 resident parking spaces and three visitor spaces exceed the minimum required.
The developer put in an application to discharge conditions on the original application. This included amendments to the parking layout.
The Council also confirmed the layout of the basement parking has changed. The plans show the ramp specifications and the column positions, and the highways department confirm the proposals are acceptable.
The amended application removed the requirement for the condition on the original planning permission.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman