Summary: We will not investigate this complaint about the Council’s decision to dispose of a site allocated for housing. We cannot investigate complaints that affect all or most of the people in a Council’s area.

The complaint

1. The complainant, I shall call Mr X, complains about the Council’s decision to dispose of land it owns for development.
2. He says the Council failed:
• to consider the Housing Local Plan 2014 has lapsed
• to take account of relevant and up to date evidence that the land was not available or deliverable for development and is economically unviable
• there is sufficient housing land supply
3. He also says the report to Councillors included false and misleading information and omitted relevant information.
4. Regarding personal injustice, Mr X says this decision:
• denied him the opportunity to express an opinion on the sale of the land
• failed to consider food security and the use of agricultural land to contribute to his family’s local needs
• will cause pollution and a negative impact due to carbon footprint
• will increase traffic; and
• will increase pressure on local infrastructure including provision of broadband, education, and health services
5. Mr X wants Council to:
• withdraw the decision to dispose of the land; and
• carry out a review of its Local Plan

Back to top

The Ombudsman’s role and powers

6. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
7. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

Back to top

How I considered this complaint

8. I considered information provided by Mr X.
9. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

10. I do not seek to dismiss Mr X’s concerns about the impact of the decision on infrastructure, pollution, food security, traffic, and the lost ability to object. However, none of these concerns are personal to Mr X, and affect all or most of the residents and business in the borough.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because we cannot investigate concerns which affect all or most of those who reside or do business in the borough.

Back to top

Investigator's decision on behalf of the Ombudsman