Summary: We will not investigate this complaint about the Council’s consideration of a planning application. Planning permission has not yet been granted therefore any injustice is speculative.

The complaint

1. The complainant, who I shall call Mr X, complains that, when granting planning permission for a development next to their home, the Council:
• Created confusion by sending out letters with different dates for response
• Ignored a request from a local councillor for postponement
• Was complicit in the applicant’s lies; and
• Failed to consider objections

He also says the Planning Officer failed to respond to messages and a different Officer recommended approval.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s Planning Committee considered the application. Mr X spoke to the Committee outlining their objections, as did another member of the public.
6. Following debate, the Committee voted to delegate, to the Head of Planning and Building Control, the decision to approve the application. However, approval is subject to amending and finalising conditions, further ecological conditions, and approval of the access by the fire service.
7. The Council has not yet approved the planning application. If the applicant cannot satisfy the required conditions, the Council cannot grant planning permission.
8. The Ombudsman cannot remedy speculative injustice. A development that might happen is speculative.
9. Once the Council has made its decision on the application and any possible appeal process is completed, Mr X may bring his complaint back to the Ombudsman to consider.

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Final decision

10. We will not investigate Mr X’s complaint because planning permission is still pending and the injustice to Mr X remains speculative.

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Investigator's decision on behalf of the Ombudsman