Summary: The Ombudsman will not investigate Ms B’s complaint about the Council’s handling of land disposal and a linked planning application. This is because the lease agreement for the disposal of the land is subject to the developer obtaining planning permission for their scheme and the application has yet to be determined.

The complaint

1. The complainant, who I refer to as Ms B, complains about the Council’s handling of matters relating to the disposal of land and a linked planning application for a proposed holiday homes development on the land. The development will lead to the loss of land used by locals for leisure purposes.

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The Ombudsman’s role and powers

2. 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, or
• it would be reasonable for the person to ask for a council review or appeal.

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

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How I considered this complaint

3. In considering the complaint I reviewed the information Ms B and the Council provided. I gave Ms B the opportunity to comment on my draft decision and considered what she said.

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What I found

4. The Council agreed to lease an area of land, used by local residents for leisure purposes, for a proposed holiday homes development. The lease agreement is subject to a number of pre-conditions, including the requirement for the applicant to obtain planning permission and other necessary statutory consents.
5. Ms B has submitted her objections to the scheme, including the way the Council decided to dispose of the land, but the application has not yet been determined by the Council. If permission is refused the lease of the land will not proceed.

Assessment

6. As the application has yet to be determined we will not investigate the complaint because we do not know the outcome of the application nor whether fault by the Council will affect it or cause injustice.

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Final decision

7. The Ombudsman will not investigate the complaint because the lease agreement for the disposal of the land is subject to the developer obtaining planning permission for their scheme and the application has yet to be determined.

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Investigator's decision on behalf of the Ombudsman