Reigate & Banstead Borough Council (21 008 253)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 19 Oct 2021
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s consideration of a planning application. We will not investigate this complaint because there is no evidence of injustice caused to him by the Council’s administrative actions.
The complaint
- Mr X complains about the Council’s consideration of a planning application.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- I considered the complainant’s comments on my draft decision.
My assessment
- Mr X says that the Council refused a planning application for a development of houses next to him. He is concerned however that a new planning application has been made which is similar to the previous one and that the Council will approve it.
- The Ombudsman cannot investigate a complaint unless there is a clear significant injustice caused by the alleged administrative fault of the Council. In this case, the Council has not yet determined the planning application and so we cannot say whether any injustice has been caused, or will be caused.
- Mr X can make a new complaint to this office if the planning application is granted and he remains unhappy.
Final decision
- I do not intend to investigate this complaint because there is no evidence of significant injustice caused to Mr X by the alleged fault.
Investigator's decision on behalf of the Ombudsman