Summary: We will not investigate this complaint about the Council’s decision to remove protection from an area of greenspace in its Local Plan. This is because there is no evidence of fault in how the Council consulted on its Local Plan.

The complaint

1. Mr X complains the Council failed to consult with the public about the removal of protection from an area of greenspace when it issued its Local Plan in 2015. Mr X says that the area in question is now at risk of being developed.

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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. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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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 says he only became aware that the greenspace was not protected recently when a planning application was submitted to develop the land. Therefore, we have exercised discretion to consider this matter and do not consider that this is a late complaint.
7. There is no evidence of fault in how the Council consulted on its Local Plan. The Plan was subject to public consultation in 2013 and 2014 as well as an examination by the Planning Inspector where further public consultation took place. Local people therefore had an opportunity to comment on the Council’s decision to remove any protections which the land in question previously enjoyed. Therefore, we will not investigate this complaint.

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Final decision

8. We will not investigate Mr X’s complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman