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 say if the complainant has suffered any significant injustice as a result of the alleged fault.

The complaint

1. Mr X has complained about how the Council dealt with a planning application for a development near his home. Mr X says the Council failed to notify residents before the application was referred to the planning committee for determination and he therefore lost the opportunity to raise his objections at the meeting.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. The planning application was referred to the Council’s planning committee for determination and members resolved to grant permission subject to conditions and the completion of a legal agreement under section 106 of the Town and Country Planning Act.
5. Mr X says he lost the opportunity to raise his objections as the Council failed to tell him about the meeting. He says the development will have a significant impact on his property and the surrounding area. But the section 106 agreement between the Council and the developer has not yet been completed. Therefore, a decision notice has not been issued and planning permission has not yet been granted.
6. As planning permission has not been given, I cannot know if Mr X has suffered injustice because of any alleged fault with how the Council dealt with the application. The section 106 agreement may never be completed, and as such permission not issued. Mr X can return to the Ombudsman if the planning decision notice is issued in the future.

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Final decision

7. We will not investigate Mr X’s complaint because it is not yet possible to say if he has suffered any significant injustice as a result of the alleged fault.

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Investigator's decision on behalf of the Ombudsman