The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council approving a planning application which was contrary to its planning policies. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The alleged fault has not yet caused the complainant a significant injustice.
The complaint
The complainant, whom I refer to as Mr X, says the Council failed to properly consider a planning application which was contrary to the provisions of its Local Plan and Affordable Housing Supplementary Planning Document.
The Ombudsman’s role and powers
The Ombudsman can investigate 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 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))
How I considered this complaint
I considered information provided by Mr X, as well as our Assessment Code. I also considered the planning policy, planning application, and Planning Committee documents on the Council’s website.
My assessment
The planning application which Mr X complains about has not yet been granted, as the decision notice has not been issued. The Ombudsman cannot comment on alleged fault by a Council in an administrative process until there is evidence of a significant personal injustice caused to the complainant. We consider that no such injustice occurs to a complainant until a planning application is granted. Mr X may make such a complaint if the planning application is granted in the future.
Final decision
We will not investigate Mr X’s complaint because the alleged fault has not yet caused him a significant injustice.
Investigator's decision on behalf of the Ombudsman