The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with planning applications for developments in the area where the complainant lives. This is because it is not yet possible to determine if the complainant has suffered any significant injustice because of the alleged fault.
The complaint
Ms X has complained about how the Council has dealt with two planning applications for developments in the area where she lives. Ms X says the Council failed to consider the cumulative impact of the proposals and it should have requested environmental impact assessments for the developments.
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: 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), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
The planning applications were referred to the Council’s planning committee for determination and members resolved to grant permission subject to conditions and the completion of legal agreements under section 106 of the Town and Country Planning Act.
Ms X has raised many concerns about how the Council dealt with the applications and the impact the developments will have. But the section 106 agreements between the Council and the developer have not yet been completed. Therefore, decision notices have not been issued and planning permission has not yet been granted for the developments.
As planning permission has not been given, I cannot know if Ms X has suffered any significant injustice because of any alleged fault with how the Council has dealt with the applications. The section 106 agreements may never be completed, and as such permission not issued. Ms X can return to the Ombudsman if the planning decision notices are issued in the future.
Final decision
We will not investigate Ms X’s complaint because it is not yet possible to say if she has been caused any significant injustice as a result of the alleged fault.
Investigator's decision on behalf of the Ombudsman