Summary: We will not investigate this complaint about the Council not referring to the Right to Build Register in its Local Plan. The Local Plan is currently being examined by a Planning Inspector which means there is no significant injustice to justify our involvement.

The complaint

1. Mr X said the Council failed to refer to the Right to Build register in the emerging Local Plan. He said the Council did not notify people on the register that a Local Plan was being formulated and therefore removed their opportunity to be listened to by the Government examiner.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X is on the Council’s Right to Build register. He complained the Council did not refer to the Right to Build or self-build in the emerging Local Plan. The Local Plan is currently being examined by a Planning Inspector. The Council did not notify people on the Register that a Local Plan was being prepared.
6. Mr X would usually have the chance to raise concerns about the content of the emerging Local Plan through the examination process. The Council failed to notify Mr X of that process meaning he has not had chance to put forward concerns. This could amount to fault. However, given the Inspector’s role in ensuring the Council has prepared the Plan properly, there is unlikely to be any significant injustice to Mr X.
7. Therefore, given the lack of injustice to Mr X, we will not investigate this matter.

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Final decision

8. We will not investigate Mr X’s complaint because the Local Plan is currently being examined by a Planning Inspector. The Inspector will determine whether the Council has submitted a Plan in line with national policy and whether anything is missing. This means there is insufficient evidence of a significant injustice to Mr X.

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Investigator's decision on behalf of the Ombudsman