Summary: Mrs X complained about how the Council makes documents available to the public during the process to make a new local development plan. Mrs X said that because of this, it was difficult for her to make detailed comments on changes that might affect her. We ended our investigation as we are unlikely to find fault or provide a meaningful remedy for Mrs X.

The complaint

1. Mrs X complained that the Council did not make documents readily available to her during the consultation process for the local development plan (LDP).
2. Mrs X said because she did not have the information she needed, she was unable to provide detailed and specific comments on local plan proposals.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I read the complaint and discussed it with Mrs X. I read the Council’s response to the complaint and considered documents from its planning files, including the plans and the case officer’s report.
5. I gave the Council and Mrs X an opportunity to comment on and earlier draft of this decision and took account of the comments I received.

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What I found

Local development plans

6. The planning system in England is ‘plan-led’. This means councils should determine applications in accordance with the local development plan (LDP) unless other material planning considerations indicate they should not.
7. Most councils have LDPs that set out policy and guidance on how planning decisions are assessed in their areas.
8. There are five stages to produce an LDP, and these are:
• Gathering information – a notice is placed in the local press and the public are invited to submit comments about what the plan should include;
• The Issues Paper – this is published to promote debate about suggestions that have been made about what the plan should include. There is a 14-week public consultation period for comments;
• The draft LDP – the Council sets out its preferred policies and land designations in a draft document and an 8-week public consultation period is allowed for formal objections;
• Independent Examination – the draft LDP including any revisions resulting from consultation is examined by the Planning Inspectorate. An Inspector assesses the proposed plan, the evidence the council relied on and consultation responses/objections. In most cases, there are public hearings to allow comments and representations. The Inspector issues a report with recommendations for modifications and to state whether the council can adopt the proposed plan. The council must publish the Inspector’s recommendations on its website;
• LDP adoption – an Adoption Notice is published in the local press. The Inspector’s report along with the evidence produced by the process is considered by the council, who vote on whether to adopt the plan and bring it into force. If the council approves the LDP, it must publish an adoption statement on its website.
9. As well as regulatory minimum notice requirements, councils must also produce a Statement of Community Involvement (SCI). The SCI sets out the council’s policy on how it will communicate with the public when it carries out its functions.

What happened

10. Mrs X was concerned about land near her home and elsewhere in her village that was proposed for development in the emerging LDP.
11. Mrs X wanted to know how the Council had evaluated the land for development and wanted to view reports and other relevant documents. Mrs X says she visited her local library but was told the LDP plans and documents were not available.
12. Mrs X complained to the Council, who told her:
• the LDP plans and documents were available at her library and at its offices; and
• it could print and post some or all the documents for a fee.
13. The Council’s SCI states that it will make LDP documents available:
• on its website;
• at the Council’s offices;
• at public libraries;
• at a public exhibition at draft LDP stage; and
• in hard copy, subject to print and postage charges.
14. Mrs X says she thinks the Council could and should do more to ensure the LDP documents were more easily available, especially for those who might not find SCI options easy, convenient, or indeed possible.

My findings

15. Before we investigate or continue to investigate a complaint, we need evidence to show that an individual might be evidence of fault causing significant injustice to an individual. We have extensive powers to require information from councils and individuals to aid our investigations, but need a good reason to justify the cost to the public purse and the inevitable interference our enquiries will have on the day-to-day work of councils, their officers and members.
16. In my view, further investigation into Mrs X’s complaint is not justified, because:
• I think it is unlikely I will find fault. The Council has published its SCI and I have seen no evidence to show it has failed to comply with it;
• It is unlikely that further investigation will establish what was said, or understood by what was said, during the conversation Mrs X had at her library. Even if I did find evidence of fault, it is likely the most we could recommend in these circumstances is an apology;
• Mrs X did have access to the LDP plans, though perhaps not in a form that she said she needed. We can only criticise councils who fail to comply with their obligations as set out in policy and law and I saw no evidence of fault here;
• The LDP process is ongoing and the documents are still available for view in accordance with the SCI. Mrs X still has an opportunity to comment up until the point the full Council meets to decide whether to adopt the LDP.

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Final decision

17. I ended my investigation because I am unlikely to find fault or be able to recommend a meaningful remedy.

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Investigator's decision on behalf of the Ombudsman