The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because it is not yet possible to determine if the complainant has suffered any significant injustice as a result of the alleged fault.
The complaint
Mr X has complained about how the Council dealt with a planning application for a development near his home. Mr X has concerns about the proposed development and says the Council has not properly considered the safety issues he has raised.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council received a planning application for a residential development in the area where Mr X lives. The application was referred to the Council’s planning committee for determination and members resolved to grant permission subject to the completion of a legal agreement under section 106 of the Town and Country Planning Act.
Mr X has raised concerns about how the Council has dealt with the application and the impact the development will have on highway safety. 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 been granted for the development.
As planning permission has not yet been given, I cannot say Mr X has suffered any significant injustice because of any alleged fault with how the application has been dealt with. The section 106 agreement may never be completed, and as such 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 has been caused any significant injustice as a result of the alleged fault.
Investigator's decision on behalf of the Ombudsman