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 the Council has not yet granted planning permission and we could not therefore say its actions caused Ms X significant injustice.
The complaint
Ms X complains about the Council’s handling of a planning application. She believes the Council did not make the public or the planning committee fully aware of all relevant information relating to the application. She says the Council removed information from its planning portal and should not have taken into account the possibility of an appeal when making its decision.
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
We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
I understand Ms X is unhappy with the Council’s handling of the planning application but it has not yet granted planning permission for the development; this is subject to a separate legal agreement which has not yet been agreed or finalised. It is therefore possible, as things stand, that the Council could yet refuse the application. I cannot therefore say any concerns about the way the Council handled the application caused Ms X significant injustice.
In the event the Council grants planning permission, and if Ms X remains concerned about the way it reached its decision, she may complain to us again.
Final decision
We will not investigate this complaint. This is because the Council’s actions have not caused Ms X significant injustice.
Investigator's decision on behalf of the Ombudsman