The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s comments on a planning application because they did not affect the outcome or cause the complainant significant injustice.
The complaint
Mr B says the Council made comments he agreed with against a planning application for development near his home, then reversed its view without good reason. He says this increased the potential for the approval of development he thinks would be harmful to its surroundings.
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 the complainant, including the Council’s response to him.
I considered the Ombudsman’s Assessment Code and looked at relevant planning documents.
My assessment
The local planning authority refused the application for development, and a Planning Inspector dismissed an appeal against that refusal. Any change of view or comments by the Council had no material effect.
Final decision
We will not investigate Mr B’s complaint because there is no evidence any action by the Council has caused him significant enough injustice to warrant our involvement.
Investigator's decision on behalf of the Ombudsman