Summary: We will not investigate Miss X’s complaint about the Council’s handling of its local plan. This is because there is not enough evidence of fault to justify us investigating.

The complaint

1. Miss X complains about the Council’s handling of its 2017 local plan and its decision to include a piece of land in the plan. She says the Council did not properly notify her and other residents about this decision and so she lost the opportunity to comment and object to the land’s inclusion. She also complains about the Council’s handling of a planning application on the land.

Back to top

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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Miss X.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Miss X complains the Council failed to notify her and other residents about its decision to include a piece of land in its 2017 local plan. She says because of this she missed the opportunity to object
6. The Council’s Statement of Community Involvement provides how it should involve others in the preparation of planning policy. This includes statutory publication of its plans and an independent public examination.
7. The evidence I have seen shows the Council gave the public adequate notice of its local plan and engaged in several rounds of public consultation between 2013 and 2015. This was in line with its Statement of Community Involvement and there is not enough evidence of fault by the Council to justify us investigating. Any concerns or disputes about its local plan could therefore have reasonably been raised during the public consultation process.

Planning application

8. Miss X also complains about the Council’s handling of a planning application. She says the application was submitted earlier than when the Council told her and that it did not properly notify her about the application.
9. The Council has not yet decided on the planning application that is subject of this complaint, and it is still in the process of receiving and considering objections. Miss X is aware of the application and still can object. Therefore I do not consider she has been disadvantaged by her claims that the application was made earlier or that the Council did not notify her.
10. We cannot say whether the Council will grant planning permission in the circumstances. Therefore, any injustice that may be caused by the proposed development is speculative and insufficient to justify us investigating at this stage. Miss X may complain to us in the future if planning permission is granted. She would need to complain to the Council first before we can consider the matter.

Back to top

Final decision

11. We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s handling of its 2017 local plan. Any injustice caused by the planning application is speculative and therefore not significant enough to justify us investigating at this stage.

Back to top

Investigator's decision on behalf of the Ombudsman