The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of planning objections and the information it provided relating to a planning decision. Any injustice caused to Mr X by the fault he alleges, is not sufficient to warrant further investigation. Additionally, we cannot achieve the outcome he is seeking.
The complaint
Mr X complained about the Council’s decision to approve a planning application for a development near where he lives. He said the Council provided incorrect information in the planning report, did not properly consider objections and did not properly consider loss of amenity.
Mr X said he was frustrated by the Council’s consideration of his objections and is concerned about increased on-street parking.
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 injustice is not significant enough to justify our involvement, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
Mr X said he was dissatisfied with several aspects relating to how the Council dealt with a planning application. In his complaint to us he cited frustration and a concern about the local impact of the development.
We will not investigate this complaint because any injustice to Mr X is not sufficiently serious to warrant a full Ombudsman investigation. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
Additionally, Mr X said the planning permission, should now be revoked. We could not direct the Council to reverse a planning decision and therefore cannot achieve the substantive outcome Mr X is seeking. Because we could not achieve this as a remedy to his complaint, even if we were to identify fault, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because there is no significant injustice, and we cannot achieve the outcome Mr X is seeking.
Investigator's decision on behalf of the Ombudsman