The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with a planning application. This is because we are unlikely to find fault. It is also not yet possible to determine if the complainant has suffered significant injustice.
The complaint
Ms X has complained about how the Council dealt with a planning application. Ms X says the application returned to the planning committee for determination after members had already voted to refuse permission for the development. Ms X says the Council has failed to fully explain why the application went back to the committee and the development will have a significant impact on the area.
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: there is not enough evidence of fault to justify investigating, or 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
Ms X has complained about the Council’s decision to return the application to the planning committee. The Council says the application went back to the committee as a procedural issue was identified following the original meeting and therefore the decision could be open to challenge.
The Council was entitled to decide the application should return to the committee and I am satisfied it has properly explained the reasons why the application needed to go back to the committee.
During the second committee meeting, members resolved to grant permission for the development subject to the completion of a legal agreement under section 106 of the Town and Country Planning Act. Members agreed the application could be delegated to officers to approve once the necessary requirements were agreed.
Ms X has raised concerns about the development and the impact it will have on the area. However, the decision notice has not been issued and planning permission has not been granted for the development.
As planning permission has not yet been given, any injustice will be speculative. The required legal agreement may never be completed and therefore planning permission will not be granted. Ms X can return to the Ombudsman if the planning decision notice is issued in the future.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find fault with the Council’s decision to return the application to the planning committee. It is also not yet possible to say if Ms X has suffered any significant injustice as a result of any alleged fault with how the Council dealt with the application.
Investigator's decision on behalf of the Ombudsman