Maidstone Borough Council (21 017 597)

Category : Planning > Other

Decision : Closed after initial enquiries

Decision date : 13 Apr 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint because the injustice to the complainant is speculative, and the review process allows for further consultation and consideration by a Planning Inspector.

The complaint

  1. Mr X complains about the Council’s Regulation 18 Consultation Statement in its Local Plan Review. He says:
    • it does not reflect the scale of objections relating to a specific proposed development
    • Councillors have not received a detailed analysis of the 1700 objections reported to the Strategic Planning Committee in March 2020 to make an informed decision.

Mr X wants the specific site proposals removed from the Local Plan Review Submission.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council started their review of the Local Plan in 2018 and consulted with the public up to 2021.
  2. The Local Plan review is a continual process which is not yet complete. Any final disputes can be heard by a Planning Inspector.
  3. The Ombudsman will only investigate a complaint where there is a significant personal injustice to the complainant. I consider therefore that any injustice is speculative at this stage. Further, Mr X will have the right to make any further points to a Planning Inspector before the Plan is approved.

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Final decision

  1. We will not investigate Mr X’s complaint because the injustice is speculative, and the matter will be considered by a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman

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