Somerset West and Taunton Council (22 006 272)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 25 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council is considering a planning application because no decision has yet been made and so any injustice is speculative.
The complaint
- Ms X says that the Council has failed to take into account her objections to 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.
My assessment
- Ms X says that the Council has refused to respond to her objections to a planning application.
- The Ombudsman would not investigate a complaint about a planning application until the planning application has been determined. This is because any injustice from the grant of planning permission is speculative. Further, there is no requirement on the Council to respond to objections to planning applications.
Investigator's decision on behalf of the Ombudsman