Summary: We will not investigate Mr B’s complaint about the Council’s highways response to a consultation about a planning application for a housing development. This is because the alleged fault has not caused Mr B an injustice and we cannot achieve the outcome he seeks.

The complaint

1. The complainant, who I will refer to as Mr B, complains about the Council’s response as the local highways authority to a consultation for a planning application for a housing development. Mr B says the Council’s response was flawed and misadvised the local planning authority. Mr B says the proposed housing development will affect the road where he lives and will cause congestion and be a risk to pedestrians. Mr B would like the Council to withdraw its previous advice and write a new assessment.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I considered information provided by Mr B and planning records available online.
4. I considered the Ombudsman’s Assessment Code.
5. Mr B had the opportunity to comment on a draft version of this statement. I have considered his comments.

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My assessment

6. The housing development Mr B is concerned about has not been granted planning permission yet. So, as it stands, Mr B has not suffered an injustice because of the alleged fault.
7. But, in any case, it is the local planning authority not the Council which decides whether to grant planning permission.
8. The local planning authority has commissioned an independent highways assessment because of concerns raised about the Council’s consultee response as local highways authority. Mr B says the findings of this independent assessment support his complaint.
9. It will be for the local planning authority, or planning inspector on appeal, to assess all the evidence, including the independent highways assessment, and make a decision on the proposed development. This would include an assessment of the measures needed to make the highways impact of the development acceptable.
10. So, the information does not suggest the alleged fault by the Council as local highways authority has caused Mr B an injustice.
11. In addition, we cannot achieve the outcome Mr B seeks. Mr B would like the Council to withdraw its previous advice and write a new highways assessment. But, it was for the local planning authority to assess the response the Council provided and decide how to proceed.

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Final decision

12. We will not investigate this complaint. This is because the alleged fault has not caused Mr B an injustice and we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman