Summary: Mr X complains the Council failed to follow planning procedure when is decided to grant planning permission for a development close to a Special Protection Area. The Ombudsman will not investigate this complaint as Mr X has not suffered significant personal injustice because of the Council’s actions.

The complaint

1. Mr X complains about fault in the planning process followed by the Council for an application for a development of more than 300 new homes.

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The Ombudsman’s role and powers

2. 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 the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

3. I considered the information provided by Mr X and the Council. This includes copies of his complaints to the Council and its response and information about the planning application.

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What I found

4. Mr X complains the Council failed to carry out an accurate Habitats Regulations Assessment for a planning application. He also says the planning officer gave the planning committee incorrect information.
5. Mr X is a volunteer to a wildlife trust and is offended by the Council’s actions.
6. The Ombudsman will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures by the service provider.
7. We will not normally investigate a complaint where the complainant is using their enquiry as a way of raising a wider political or community campaign. In these cases, their concerns may be better addressed to their local councillor rather than the Ombudsman.
8. Mr X says he is offended when the Council makes misleading statements to get planning applications approved. He also says the Council must respect the status given to Special Protection Areas. While I do not disagree with this, I do not consider that Mr X has suffered any personal injustice as a direct result of the Council’s action or lack of action.

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Final decision

9. I will not investigate this complaint. The complainant has not suffered any personal injustice as a direct result of the Council’s actions.

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Investigator's decision on behalf of the Ombudsman