Summary: We will not investigate this complaint about the Council’s adoption of its Mineral Plan because there is no evidence of fault in the Council’s decision-making process. And we cannot consider the decision of the Planning Inspectorate.

The complaint

1. The complainant, I shall call Mr X, says in drafting its new Minerals Plan, the Council’s definition of hydraulic fracturing does not cover all relevant methods of well stimulation used by industry. And certain methods, may not be covered by the definition, which could therefore impact upon planning decisions.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A (6), as amended)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I considered information provided by the Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Following public consultation, the Council presented the Minerals Plan to the Planning Inspectorate in February 2020. Public hearing sessions to examine the soundness of the plan took place in October 2020.
7. The Council received the Inspectors Report on the Plan in March 2021, and the Council adopted the Plan with adjustments.
8. The Council followed the statutory procedure for developing the Mineral Plan. Mr X could have taken part in the consultation and could have asked to speak at the public Examination Hearings to ensure the Planning Inspector was aware of his concerns.
9. The Planning Inspector decided that with some adjustments, the Mineral Plan is sound, and the consultation carried out by the Council throughout the process was satisfactory.

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Final decision

10. We will not investigate Mr X’s complaint because it does not meet tests set out in our assessment code. Also, the Planning Inspector decided the Council had followed legislation, policy, or guidance before deciding the Mineral Plan was sound. We cannot investigate the action or decision of the Planning Inspector.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman