The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision regarding protecting land near Mr X’s home using its planning policies. This is because Mr X has not been caused an injustice as a result of the Council’s actions and there are no wider public interest reasons for investigating this complaint.
The complaint
Mr X complains the Council has failed to protect land where he lives in its Local Plan. Mr X says he has been caused anxiety and stress about the potential loss of local wildlife and habitats.
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 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council is reviewing parts of its Local Plan. The Council carried out consultations regarding the proposed changes in 2018, 2019 and 2020. The changes are currently being examined by the Planning Inspector with further consultations planned.
Mr X believes the Council has not properly protected land near his home against future development. This is speculative. We cannot know what, if any, injustice Mr X has been caused until the Council reaches a decision on any planning application that might affect the land in question. Therefore we will not investigate this complaint.
We will consider complaints which raise issues of wider public interest. However we cannot know what, if any, impact there might be on the wider public until the Council reaches a decision on any planning application that might affect the land in question. Therefore there are no wider public interest reasons for investigating this complaint.
Final decision
We will not investigate Mr X’s complaint because he has not been caused an injustice as result of the Council’s actions and there are no wider public interest reasons for investigating this complaint.
Investigator's decision on behalf of the Ombudsman