Summary: We will not investigate this complaint about the way the Council considered a planning application. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X complains the Council failed to give unbiased evidence about biodiversity when Officers presented a planning application to the Planning Committee.
2. He says the Committee Members were therefore misled as lay members are not qualified to resolve a complex ecological dispute without a clear and balanced or definitive Officer recommendation.

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The Ombudsman’s role and powers

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.

(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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Planning Officer’s report to the Planning Committee:
• includes comments and objections from the Wildlife Trust
• advises the Council’s Wildlife Officer does not object to the proposal, subject to certain conditions
• notes the development site is allocated for housing in the Council’s Local Plan; and
• meets the requirements of the Broad Concept Plan for the area.
7. Public speaking objectors raised the issue of biodiversity and challenged the Officer’s recommendation for conditional approval.
8. The transcript of the Planning Committee meeting shows the issue of biodiversity was debated. A public speaker raised concerns. Questions were asked and answered.
9. I understand Mr X believes the Committee should have given more weight to the expert evidence of the Wildlife Trust. However, it is for the decision makers to decide what weight to give to the representations received on a planning application.
10. Mr X also says the Planning Committee Members are not qualified to resolve a complex ecological dispute. However, the Council’s Code of Governance states the Council will:

“Put in place arrangements to ensure that member have access to all relevant information via the content of the Committee report and/or access to senior officers of the Council; professional legal, financial and other advice; and resource as necessary to enable them to make informed and effective decisions.”

It also says it will:

“Put in place arrangements to ensure that members and officers receive property and ongoing training for their specific and general roles.”

11. I have seen no evidence to show the Planning Committee Members are not qualified to make decisions on the planning applications put to it.

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Final decision

12. We will not investigate Mr X’s complaint. There is not enough evidence of fault in the way the Council considered the planning application, nor in the ability of Members to make an informed decision to justify an investigation.

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Investigator's decision on behalf of the Ombudsman