Summary: We will not investigate this complaint about a planning application as the injustice cannot be determined at this stage.

The complaint

1. Mr X says that the Council’s errors caused them to submit at their cost an assessment of a planning application.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not 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
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X represents neighbours opposed to a development next to them. Planning permission was granted in December 2019 for a development of houses. Mr X says that they complained in January 2021 that the buildings were in the incorrect position. The Council confirmed that this was the case and, as a result, the developer submitted further regularising planning applications.
7. A further planning application was made in 2022 which was initially deferred by the Planning Committee for more detailed information about the plans. Mr X then submitted their own report (which costs £4,000). The Council then refused the planning application in April 2023. The developer has appealed the decision to a Planning Inspector.
8. The question of whether the Council’s final decision as to whether the position of the buildings is acceptable is now a matter for the Planning Inspector. This will affect any view the Ombudsman has as to whether he was in any way obliged to submit further evidence at cost given the alleged failings of the Council.
9. Therefore, the Ombudsman will not investigate the complaint at this stage until a Planning Inspector has determined the matter. Mr X may make a further complaint at that point if he so wishes.

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Final decision

10. We will not investigate Mr X’s complaint because the injustice cannot be assessed at this point.

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Investigator's decision on behalf of the Ombudsman