The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council completed a planning application assessment. This is because there is no evidence of significant injustice.
The complaint
Mr X is complaining that the Council have not correctly completed a visual assessment during a planning application.
Mr X states that if the application is approved it will have a direct negative impact on his wellbeing.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.(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 the Ombudsman’s Assessment Code.
My assessment
Mr X has raised concerns about the Council’s assessment of a planning application. He believes the assessment contains inaccurate information and the application should therefore be refused.
The Council has not yet decided on the application. It invited Mr X to provide comments during the consultation period and to attend the relevant committee meeting to give his views and feedback.
As the Council has not yet determined the application, there is currently no significant injustice to Mr X. Therefore, we will not investigate.
If the Council grants planning permission, and Mr X remains dissatisfied, he can bring a new complaint.
Final decision
We will not investigate Mr X’s complaint because there is no evidence of significant injustice to warrant an investigation.
Investigator's decision on behalf of the Ombudsman