The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s advice to a local planning authority on highway matters. There is insufficient evidence of any fault or personal injustice to Mr X which would warrant an investigation.
The complaint
Mr X complained about the Council’s advice given to a local planning authority concerning highways implications of a planning application for a housing development. He says the Council’s methodology was flawed and local residents were given no opportunity for dialogue with the Council.
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 further investigation would not lead to a different outcome.
(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
Mr X complained about the advice which the Council’s highways authority gave to a local planning authority (which is the district council in this case) concerning the application for a housing development. He questioned the methodology used by the Council and says that the Council did not give sufficient consideration to local opinion or engage in dialogue with residents.
The Council is the highway authority and it has powers to introduce or give advice on highway matters. In this case the advice to the planning authority was recorded in the case officer’s report to the planning committee which considered the application. There was no requirement for the authority to consult with residents. the advice was for a planning application which may or may not be approved or implemented.
The residents affected, including Mr X, had an opportunity to comment on the planning application and several did so. Any objections about the consideration of traffic implications from the development could be submitted to the planning authority.
The planning committee refused the application regardless of the case officer’s recommendation to approve it. There is no evidence of fault in the Council’s advice and there is no significant injustice to Mr X because the application was refused.
Final decision
We will not investigate this complaint about the Council’s advice to a local planning authority on highway matters. There is insufficient evidence of any fault or personal injustice to Mr X which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman