Summary: We will not investigate this complaint about the Council’s consideration of a reserved matters planning application. This is because there is no evidence to suggest fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council did not give proper consideration to significant changes in the local environment and community which had taken place since it granted permission for the original application and which could potentially have warranted a reconsideration of details related to the proposed development. He also says the Council dismissed a large number of objections to the proposed development due to the time they were received.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X, including the Council’s response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council that when considering a reserved matters planning application with which he was concerned, it failed to take into account material changes in the landscape and the recent impact of subsequent applications since the outline permission had been granted. The Council explained that, by law, it was unable to reassess the principle of development and that it could only consider the reserved matters.
6. The Council properly explained the legal position under the current planning system in operation and there is no evidence to suggest fault.
7. Mr X also complained a large number of objections submitted within 24 hours of the Planning Committee meeting set to determine the reserved matters application had not been considered. The Council explained the orchestrated objections had been submitted after a lengthy consultation period and had been brought to the attention of the Committee which had confirmed it was content to determine the application.
8. Had members wanted more time to consider these objections they could have requested an adjournment. However, they did not do so and there is nothing to indicate a different decision would have been reached had the objections been received in time to have been included in the officer’s written report.

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Final decision

9. We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman