Summary: We will not investigate this complaint about the alleged failure to consult residents on adopting a proposed neighbourhood plan. The Independent Examiner considered the production and consultation on the plan followed the legal requirements. Also, we have seen no evidence that the Council failed to follow the statutory requirements for publication and consultation.

The complaint

1. The complainant, I shall call Mr X, complains the Council failed to consult residents of his area as required by the Regulation 16 consultation concerning adopting neighbourhood plans.

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The Ombudsman’s role and powers

2. We investigate 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 continue 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 and information available on the Council and Parish Council websites.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Neighbourhood planning gives communities a direct role to develop a shared vision for their area and deliver the sustainable development they need. Unlike parish, village or town plans that communities prepare, a neighbourhood plan forms part of the development plan and sits alongside the local plan prepared by the local planning authority (LPA).
6. LPAs, in the case the Council, have a duty to guide and aid qualifying bodies preparing neighbourhood plans. This will include sharing information, providing advice, and encouraging best practice.
7. Mr X says the Council failed to consult residents on the proposed neighbourhood plan as required by Regulation 16 of the Neighbourhood Planning (General) Regulations 2012. Regulation 16 says:

“Publicising a plan proposal

16. As soon as possible after receiving a plan proposal which includes each of the documents referred to in regulation 15(1), a local planning authority must—

a)publicise the following on their website and in such other manner as they consider is likely to bring the proposal to the attention of people who live, work, or carry on business in the neighbourhood area—

(i)details of the plan proposal

(ii)details of where and when the plan proposal may be inspected

(iii)details of how to make representations

(iv)a statement that any representations may include a request to be notified of the local planning authority’s decision under regulation 19 in relation to the neighbourhood development plan

(v)the date by which those representations must be received, being not less than 6 weeks from the date on which the plan proposal is first publicised; and

(b)notify any consultation body which is referred to in the consultation statement submitted in accordance with regulation 15, that the plan proposal has been received.”

8. The Council’s website shows it publicised the Regulation 16 consultation on its website in 2021. I also confirms:
• the consultation period was for six weeks ending 19 November 2021
• paper copies of the documents were available to view in the local libraries
9. An article in a local paper was published confirming a consultation would be open for six weeks following which the draft neighbourhood plan would be sent for independent examination. A referendum would then be held.
10. I understand Mr X says residents heard nothing about the proposed Neighbourhood Plan for five years until they were informed of the referendum on whether to accept it. However, the consultation and publicity of the plan before it reaches the proposal stage is the responsibility of the qualifying body – in this case, the Parish Council. Information on the Parish Council website details the consultation and public involvement which took place from 2014 onwards. The Parish Council carried out a first consultation on the draft plan between May and July 2019. The Ombudsman cannot consider the actions of parish councils as they are not within his jurisdiction.
11. The Independent Examiner’s report which is published on the Council’s website confirms the Council received representations on the draft local plan. It also states:

“ I am satisfied that a transparent, fair and inclusive consultation process has been followed for the plan” and it “is procedurally compliant with the legal requirements.”

12. From the information I have seen the Council published the consultation on its website and placed an article in the village newspaper advising that a consultation will be held. There is insufficient evidence of fault in how the Council followed the statutory requirement for publicising the consultation on the proposed neighbourhood plan.

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Final decision

13. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the publicity and consultation arranged by the Council before the referendum on the proposed neighbourhood plan.

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Investigator's decision on behalf of the Ombudsman