Summary: We will not investigate this complaint about a planning application near Mr X’s home. This is because the Council has not made a decision on the application and so we cannot say he has been caused an injustice as a result of the Council’s actions.

The complaint

1. Mr X complains the Council is considering a planning application to discharge planning conditions for a development near his home even though the planning permission has expired. Mr X says everyone in the local area is opposed to the development.

Back to top

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 or may decide not to continue with 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. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and information about the planning application on the Council’s website.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council has not made a decision on the planning application to discharge conditions for the development. The Council has indicated to Mr X that it believes the timescales for starting the development set out in the original planning permission would not prevent it from reaching a decision.
6. As the Council has not made a decision we cannot say what, if any, injustice Mr X and other local people have been caused. This is because the Council may decide to refuse to discharge the conditions. Mr X may raise a new complaint with the Council and the Ombudsman once the Council has reached a decision on the application.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because he has not been caused an injustice as a result of any fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman