The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to decline to determine the complainant’s planning application. This is because we are unlikely to find fault.
The complaint
Mr X has complained about the Council’s decision to decline to determine his planning application. Mr X says the Council’s actions have left him unable to develop 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
A local planning authority can decline to determine a planning application in certain circumstances under the Town and Country Planning Act. This includes when a similar application has previously been refused for the site or if an appeal against the refusal is pending with the Planning Inspector.
In this case, the Council has declined to determine Mr X’s planning application. Mr X says he has made changes to the proposal and the amended application addresses the reasons for refusing the previous application for the site.
However, I am satisfied the Council has explained why the amended application is similar to the previous development and why it considers there have been no material changes. I understand Mr X disagrees, but the Council was entitled to use its professional judgement in this regard. As the Council properly considered if it should decline to determine the application it is unlikely I would find fault.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman