Summary: The Ombudsman will not investigate this complaint that the Council failed to properly consider the impact on bats, climate change or carbon emissions when resolving to grant planning permission for a residential development. This is because the complainant has not yet suffered a significant personal injustice as a result of the alleged fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms B, says the Council has failed to properly consider the impact on bats, climate change or carbon emissions when determining a planning application for a residential development.

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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, or
• the injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I have considered:
• Ms B’s complaint to the Ombudsman;
• The Council’s final response to the complaint;
• Information about the planning application on the Council’s website;
• Ms B’s comments on a draft version of this statement.

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What I found

4. As I understand it, the Planning Committee resolved to grant planning permission for the development, subject to the completion of a legal agreement. This legal agreement has not yet been finalised, so the planning permission has not been issued.
5. I therefore do not consider the Ombudsman should investigate Ms B’s complaint at the present time, because she has not yet suffered a significant personal injustice as a result of the alleged fault by the Council.
6. It would be open to Ms B to return to the Ombudsman if the planning permission is issued in the future.

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Final decision

7. The Ombudsman will not investigate Ms B’s complaint. This is because she has not yet suffered a significant personal injustice as a result of the alleged fault by the Council.

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Investigator's decision on behalf of the Ombudsman