The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council considered a planning application. Planning permission has not yet been granted; therefore, we cannot yet say the complainant has suffered a significant personal injustice.
The complaint
Mr X complains for a community action group, I shall call Group Y. He says: the Council failed to acknowledge the National Planning Policy Framework (NPPF) as a material planning consideration Members of the Planning Committee showed bias towards a planning application the Council removed air quality monitoring the Council gave the applicant preferred treatment over residents; and the Council operated a flawed complaint process.
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 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 Mr X and the Council; information about the planning application and the Planning Committee meeting, on the Council’s website; and the Ombudsman’s Assessment Code.
My assessment
The planning application was referred to the Council’s Planning Committee for determination. Committee Members resolved to grant permission subject to conditions and completion of a legal agreement under section 106 of the Town and Country Planning Act.
But the section 106 agreement between the Council and the developer has not yet been completed. Therefore, a decision notice has not been issued and planning permission has not yet been granted.
As planning permission has not been given, I cannot know if Mr X or Group Y have suffered a significant injustice because of any alleged fault with how the Council dealt with the application. The section 106 agreement may never be completed, and permission not issued. Mr X can return to the Ombudsman if the planning decision notice is issued in the future.
Final decision
We will not investigate Mr X’s complaint because it is not yet possible to say if he or Group Y have suffered any significant injustice because of the alleged fault.
Investigator's decision on behalf of the Ombudsman