Summary: We will not investigate Mr B’s complaint about the Council’s development of its Local Plan. This is because the Planning Inspectorate is better placed to scrutinise these matters as part of the legal process for examining and approving the Plan.

The complaint

1. Mr B complains the Council has wrongly included a proposal for a new settlement in the Draft Local Plan. Mr B says the process undertaken by the Council was flawed with no publicity or consultation, and the Council was wrong to include this proposal in the Draft Local Plan. Mr B would like the Council to remove this proposal from the Draft Local Plan and to undertake a full review of available development sites, which it has failed to do so far.

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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 an investigation if we decide there is another body better placed to consider this complaint.

(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 B.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We would not normally investigate a complaint about the development of a Local Plan. This is because Local Plans are subject to statutory procedures for public consultation and inspection by the Planning Inspectorate before they can be adopted by a local planning authority. The Planning Inspectorate assesses whether a Local Plan has been prepared in accordance with legal and procedural requirements, and whether it is sound. 
6. We will not investigate a matter which ultimately will be scrutinised in detail by the Planning Inspectorate.
7. The Planning Inspectorate will inspect the Council’s Local Plan before it can be adopted by the Council. Mr B and other affected residents and stakeholders can make representations to the Council which will be considered by the Planning Inspectorate. These are matters for the Planning Inspector to decide, not the Ombudsman.
8. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr B’s complaint because there is another body – the Planning Inspectorate – better placed to consider the issues complained about.

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Investigator's decision on behalf of the Ombudsman