Summary: Mr X complains the Council went against its own stated planning objectives in its recently adopted Local Plan. The Ombudsman will not investigate this complaint because it is unlikely we will find fault in the Council’s actions.

The complaint

1. Mr X complains the Council has went against the planning objectives for protecting green belt/open space land which are in its local plan. He wants the Council to hold an open public meeting in the area to explain its decision and the rationale for it

Back to top

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
• it is unlikely further investigation will lead to a different outcome
• we cannot achieve the outcome someone wants

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

Back to top

How I considered this complaint

3. I considered the information provided by Mr X and information provided by the Council and on its website.
4. Mr X can comment on this draft decision.

Back to top

What I found

5. The Council approved an application for 252 houses on land close to his home. Mr X says this is green belt land and therefore the Council is disregarding its strategic objectives to protect green open spaces, preserve the characteristics of the area and prioritise brownfield site development.
6. The site was designated green belt land in the emerging local plan. But, following further consultation the site was included as land allocated for residential development. The draft local plan, including the site allocations was accepted as sound by the Planning Inspectorate. It was adopted by the Council before the decision to approve the application was made.
7. The local plan including site allocations was the subject of full consultation with residents of the area and Mr X had an opportunity to comment on the planning use of the land at the time. The Ombudsman has no legal power to question the merits of the local plan without fault by the Council. Nor does he have any power to question the decision of the Planning Inspector to confirm the soundness of the local plan.

Back to top

Final decision

8. I will not investigate this complaint. This is because we are unlikely to find fault in the way the Council decided to approve the planning application.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman