Summary: Mr X complained about the Council not properly considering the parking implications of a planning application for a development near his home. The Ombudsman should not investigate this complaint. This is because it concerns a planning matter which was not yet determined by the Council and so there is no evidence of fault causing injustice at the time.

The complaint

1. The complainant, whom I shall call Mr X, complained about the Council not properly considering the parking implications of a proposed development. He says the plans involve vehicles crossing private land which the Council says is not a material planning consideration.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

4. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has commented on a copy of my draft decision.

Back to top

What I found

5. Mr X objected to a planning application for a development near his home. He says this and previous applications which were approved, have led to parking problems in the vicinity. He objected on the grounds that the recent application did not have sufficient parking provision and involved crossing private land for access.
6. The Ombudsman cannot investigate a complaint about a planning application which has not been determined by the local planning authority. Neighbours are entitled to object to any proposed developments and the planning authority should consider the objections when it determines the application. The Ombudsman is impartial and can take no part in the consideration of a planning application by the planning authority.

Back to top

Final decision

7. The Ombudsman should not investigate this complaint. This is because it concerns a planning matter which was not yet determined by the Council and so there is no evidence of fault causing injustice at the time.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman