The Ombudsman's final decision
Summary: We will not investigate this complaint about a planning application because the planning application has not yet been granted and any injustice would be speculative.
The complaint
Mr X complains about the way the Council is considering a planning application.
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 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 continue 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, or we could not add to any previous investigation by the organisation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 says that a planning application for development was predetermined by the Council’s Planning Committee and failed to consider issues raised by objectors.
The Council says that the planning application has not yet been granted.
The Ombudsman would not investigate a complaint where planning permission has not yet been granted because any injustice would be speculative. Mr X can make a further complaint if the planning application is finally granted.
Final decision
We will not investigate Mr X’s complaint because the injustice cannot be assessed.
Investigator's decision on behalf of the Ombudsman