Summary: Mr X complains about proposals made by the Council as part of the review of the Local Plan. We will not investigate this complaint because the injustice is speculative, and the review process allows for further consultation and consideration by a Planning Inspector.

The complaint

1. Mr X complains about proposals made by the Council as part of the review of the Local Plan.

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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:

• 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
• 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)

3. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• delay – usually over eight weeks – by an authority in deciding an application for planning permission
• a decision to refuse planning permission
• conditions placed on planning permission
• a planning enforcement notice.

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How I considered this complaint

4. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

5. Mr X (a Parish Councillor) complains in his own right about the Council’s proposed development in the area as part of the Council’s review of their Local Development Plan.
6. The Council started their review of the Local Plan in 2016 and consultations were made with the public up to 2019. Mr X says that these will lead to overdevelopment of his local area.
7. The Local Plan review is a continual process which has not yet been completed. Any final disputes can be heard by a Planning Inspector.
8. The Ombudsman will only investigate a complaint where there is a significant personal injustice to the complainant. I consider therefore that any injustice is speculative at this stage. Further, he will have the right to make any further points to a Planning Inspector before the Plan is approved.

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Investigator's decision on behalf of the Ombudsman