Nuneaton & Bedworth Borough Council (25 010 022)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council is processing a planning application. This is because further investigation is unlikely to lead to a different outcome.
The complaint
- Mr X complains about the way the Council is processing a planning application for a site close to his home.
The Ombudsman’s role and powers
- 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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains the Council continues to process a planning application after being advised the developer had failed to complete the correct ownership certificate on a planning application and serve the required notice on him.
- He also complains the Council failed to notify him and others of a change to the original plans. Thus, denying him his right to comment.
- In assessing this complaint, I have established that:
- the developer has now presented the correct ownership certificate
- Mr X has received the required notice; and
- the Council has advised of a further consultation period enabling him to comment on the revised plans.
Final decision
- We will not investigate Mr X’s complaint because further investigation is unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman