The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because it is not yet possible to determine if the complainant has suffered significant injustice as a result of the alleged fault.
The complaint
Mr X has complained about how the Council dealt with a planning application. Mr X says the development does not comply with planning policies and will cause highway safety issues.
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, or 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 Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X has raised concerns about how the Council dealt with a planning application for a development in the area where he lives. The application was referred to the Council’s planning committee and members resolved to grant permission subject to a legal agreement under section 106 of the Town and Country Planning Act.
The section 106 agreement has not been completed and therefore planning permission for the development has not yet been given. As the planning application has not yet been granted, any injustice suffered because of fault by the Council is speculative and insufficient to warrant an investigation by the Ombudsman. The legal agreement may never be completed and therefore planning permission will not be granted. Mr X can return to the Ombudsman if planning permission is given for the development in the future.
Final decision
We will not investigate Mr X’s complaint because it is not yet possible to determine if he has suffered significant injustice because of any fault by the Council.
Investigator's decision on behalf of the Ombudsman