West Devon Borough Council (18 015 798)

Category : Planning > Planning applications

Decision : Not upheld

Decision date : 28 Mar 2019

The Ombudsman's final decision:

Summary: Mr C complains about the Council’s consideration of an outline planning application which he says will result in a loss of outlook, wildlife and value to his property. The Ombudsman has ended his involvement as we cannot at this stage assess the extent of Mr C’s injustice.

The complaint

  1. The complainant, whom I shall refer to as Mr C, complains about the Council’s consideration of an outline planning application for two houses near his home. Mr C says because of the Council’s fault he will suffer a loss of outlook, wildlife and value to his property.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
  • it is unlikely we would find fault, or
  • the fault has not caused injustice to the person who complained, or
  • the injustice is not significant enough to justify our involvement, or
  • it is unlikely we could add to any previous investigation by the Council, or
  • it is unlikely further investigation will lead to a different outcome, or
  • we cannot achieve the outcome someone wants, or
  • there is another body better placed to consider this complaint, or
  • it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I read the papers provided by Mr C and discussed the complaint with him. I have explained my draft decision to Mr C and the Council and provided an opportunity for comment.

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What I found

  1. Planning permission is required for the development of land (including its material change of use). Planning permission may be granted subject to a legal agreement to make otherwise unacceptable proposals acceptable in planning terms.
  2. Outline applications are used to establish the principle of a proposal, leaving the ‘reserved matters’ to be considered at a later stage. Applications may be made with some or all matters reserved until later.

Key events

  1. The Council received an outline planning application to build two houses near Mr C’s home. The Council’s Planning Committee considered the application and resolved to approve the application subject to a section 106 agreement.
  2. The section 106 agreement has not currently been completed and so the Council has not issued a decision notice.
  3. Our role is to consider complaints of injustice caused by fault by a council. If we find a complainant has suffered injustice as a result of that fault, we can then ask the Council to provide a remedy.
  4. The Ombudsman cannot at this stage assess the extent of injustice Mr C has suffered. That is because the Council has not issued a decision notice for the planning permission as the required section 106 agreement has not been completed. We cannot prejudge the outcome of the section 106 process. It is too soon for us to consider Mr C’s complaint. He can make a fresh complaint to us if the parties complete the section 106 and the Council issues a decision notice granting planning permission in due course.

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Final decision

  1. I have discontinued my investigation into this complaint as we cannot at this stage assess the extent of Mr C’s injustice.

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Investigator's decision on behalf of the Ombudsman

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