Aylesbury Vale District Council (19 017 999)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 11 Mar 2020
The Ombudsman's final decision:
Summary: Mrs X complains about the way the Council has considered a planning application for a large number of dwellings near her. The Ombudsman will not investigate this complaint because planning permission has not yet been determined so no significant injustice has arisen (and is speculative).
The complaint
- Mrs X complains about the way the Council has considered a planning application for a large number of dwellings near her.
The Ombudsman’s role and powers
- 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.
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,
What I found
- An outline planning application for a large number of dwellings was submitted in January 2016. The Council has yet to determine the planning application.
- Mrs X says that the Council has failed to tell objectors of changes to the Planning Officer report or notify them whilst the Council’s Local Plan was being developed.
- The Ombudsman considers that no significant injustice is caused to an objector until a planning application has been granted. In the absence of significant injustice, the Ombudsman would not investigate this complaint.
Final decision
Investigator's decision on behalf of the Ombudsman