The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to approve a planning application for flats with no parking provision. Any injustice is not directly linked to the Council’s actions.
The complaint
Mr X complains the Council approved a planning application for flats with no parking provision. Mr X says this will increase congestion, make access difficult and worsen existing parking pressure in the area, affecting his enjoyment of his home and neighbourhood.
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 any fault has not caused direct injustice to the person who complained. (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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
It is not possible to say clearly enough what impact the development will have on the volume of traffic and parking. We cannot assume residents of the new development will have cars or, if they do, where they will park. There is already some local parking provision.
Mr X lives in a busy area which is already subject to parking restrictions. Any future injustice Mr X might experience because of increased congestion or difficulty parking is therefore not directly linkable to the Council’s decision to approve this planning application. It is not possible to say, even on balance, that the Council’s approval of this application will result in the significant worsening of the parking situation that Mr X anticipates. We will not investigate where there is no direct causal link between the Council’s actions and the injustice claimed.
Final decision
We will not investigate Mr X’s complaint because any potential injustice is not directly linked the Council’s actions.
Investigator's decision on behalf of the Ombudsman