The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with planning applications. This is because it is not yet possible to determine if the complainant has suffered significant injustice as a result of the alleged fault.
The complaint
Mr X has complained about how the Council has dealt with two reserved matters applications for a development in the area where he lives. Mr X has raised concerns about what happened during the planning committee meeting. He also says the applications contained inaccurate information and Council policies were ignored. Mr X says the development is out of character with the area and will have a significant impact on his property.
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 Ombudsman’s Assessment Code.
My assessment
Outline planning permission establishes the acceptability of development, subject to latter agreement to details of ‘reserved matters’. Reserved matters may be any or all of access, appearance, landscaping, layout, and scale of the development.
The Council received two reserved matters applications for a development near Mr X’s home. The planning case officer recommended that the proposals should be approved, and the applications were referred to the Council’s planning committee. The planning committee members voted in agreement with the case officer’s recommendations and said delegated authority would be given to officers to grant planning permission subject to the applicant complying with conditions and some additional matters being resolved.
As these matters remain unresolved, a decision notice has not been issued and permission for the development has not been given. As planning permission has not yet been granted, any claimed injustice would be speculative. The outstanding issues may never be agreed, and planning permission not given. Mr X can return to the Ombudsman if the planning decision notices are 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 suffered significant injustice as a result of the alleged fault.
Investigator's decision on behalf of the Ombudsman