The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Authority dealt with a planning application. 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
Mr X has complained about a planning application for a development in the area where he lives. Mr X says the development does not comply with planning law or the Authority’s policies. He also says residents were not properly consulted about the development and the Authority allowed public comments in support of the application after the consultation deadline.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Authority’s handling of a planning application for ten new homes near his home fell short of what is expected. He says this will result in multiple impacts on the local community.
Mr X wants the Authority to reconsider the decision to approve the application subject to completion of a section 106 legal agreement.
The planning application has not yet been determined and so the injustice is speculative and insufficient to warrant investigation. The legal agreement may not be completed and therefore the Authority will not be able to grant planning permission. Mr X may make a complaint to this office if the Authority grants the planning permission.
Final decision
We will not investigate Mr X’s complaint because the injustice is speculative as the planning permission has not been granted.
Investigator's decision on behalf of the Ombudsman