The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council is considering a planning application. The Ombudsman will not investigate this complaint because the planning application has not yet been determined and so the injustice caused to him is speculative and premature.
The complaint
Mr X complains about the Council’s consideration of a planning application for a quarry.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
A planning application was submitted for the extraction of minerals in April 2020. The planning application has not yet been determined as the Council has agreed an extension.
The Ombudsman would not investigate a complaint about a planning application where no decision has yet been made. This is because the Ombudsman cannot say what injustice has been caused until the decision is made. Mr X may make a further complaint if the Council makes a decision with which he is unhappy.
Final decision
We will not investigate Mr X’s complaint because the injustice is speculative and premature.
Investigator's decision on behalf of the Ombudsman