Summary: Mr X complains about the way the Council has considered a planning application. We will not investigate this complaint because the planning application has not yet been determined and so any injustice is speculative.

The complaint

1. Mr X complains about the way the Council has considered a planning application.

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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.

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

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How I considered this complaint

3. 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

4. Mr X complains that the Council has acted unreasonably in the way it dealt with a planning application for a development of flats near him.
5. The Council has not yet determined the planning application. The Ombudsman would not investigate a complaint where no injustice can be identified from alleged fault by a Council. Mr X may make a complaint to this office when the planning application is determined.

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Final decision

6. I do not intend to investigate this complaint because there is insufficient injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman