The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s handling of a planning application. This is because we could not achieve any worthwhile outcome for Ms X.
The complaint
Ms X complains about the Council’s handling of a planning application she opposes. She says the Council took too long to decide the application, ignored objections and should have given additional reasons for refusing the application. She is worried the Planning Inspectorate may grant planning permission for the development on appeal.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
While there are time limits for determining planning applications the duty to comply with these time limits is one which is owed to the applicant and they are the ones with a right of appeal on the point.
The applicant also has a right of appeal where a council refuses an application for planning permission as happened here.
Because the Council refused the application and the applicant has now appealed, the future of the proposal is in the hands of the Planning Inspectorate. There would be no benefit to investigating the Council’s handling of the application because, ultimately, it decided the proposal was not acceptable and did not give permission for it to proceed.
The applicant has now appealed and we cannot recommend a remedy for any impact the development may have in the event the appeal is successful. This is for two reasons; firstly, we cannot recommend a remedy for an injustice which has not yet happened and secondly the Council is not responsible for the Planning Inspector’s decision and does not take on responsibility for any injustice that may arise from it.
Ms X says she wants the Council to give consideration to alternative proposals for use of the site but this is a matter for the landowner and the developer. The Council cannot go back into the original application or force the developer to apply for a different scheme which Ms X believes would be better.
Final decision
We will not investigate this complaint. This is because we could not achieve any worthwhile outcome for Ms X.
Investigator's decision on behalf of the Ombudsman