Elmbridge Borough Council (20 012 919)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 13 Apr 2021
The Ombudsman's final decision:
Summary: Ms X complains about the way the Council dealt with a planning application. We will not investigate this complaint because there is insufficient injustice to warrant investigation.
The complaint
- Ms X complains about the way the Council dealt with a planning application.
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 was given an opportunity to comment on the draft decision.
What I found
- Ms X complains about the way a planning application for a development of houses has been considered by the Council.
- The Council has not yet determined the planning application and so any injustice is speculative. Further, she lives approximately one mile from the site and cannot be said to be likely to suffer such significant personal injustice as to warrant investigation.
Final decision
- I do not intend to investigate this complaint because there is insufficient injustice caused to warrant investigation.
Investigator's decision on behalf of the Ombudsman