Summary: Mr X complained about the Council extending the village boundary within the Local Plan without giving sufficient information to Government Planning Inspector. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council. The Planning Inspector was responsible for obtaining sufficient evidence for his inquiry and approval of the plan.

The complaint

1. Mr X says the Council failed to give sufficient information about access to a site outside the village boundary when it submitted the draft local plan in 2019. He says the inclusion of sites within the boundary presents a highway hazard to road users and pedestrians.

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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
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

6. Mr X complained about unsuitable development sites being included in the draft local plan in 2019 which was finalised in 2020. He says the Council failed to inform the Inspector about highways issues affecting a site which it included by extending the village boundary.
7. The draft plan was subject to a hearing and consultation in 2019. There was further consultation in 2020 before the Inspector produced a report and signed off the completed plan.
8. The Ombudsman cannot investigate what happened in an inquiry by a government Inspector. It was for the Planning Inspector to consider what information he required for deciding the local plan and he could have asked for further explanation if required.
9. We will not consider the matter now because it was subject to approval by the Planning Inspectorate.

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Final decision

10. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council. The Planning Inspector was responsible for obtaining sufficient evidence for his inquiry and approval of the plan.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman