Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because it is not yet possible to determine if the complainant has suffered any significant injustice as a result of the alleged fault.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about how the Council dealt with a planning application for a development in the area where she lives. Mrs X says the Council failed to properly consult residents about the application and the development does not comply with the Council’s policies. Mrs X says the Council did not consider concerns raised by residents and the proposal will have a significant impact on the area.

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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 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))

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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 planning application was referred to the Council’s planning committee for determination and members resolved to grant permission subject to the completion of an agreement under section 106 of the Town and Country Planning Act.
6. Mrs X has raised many concerns about how the Council dealt with the application. But the section 106 agreement between the Council and the developer has not yet been completed. Therefore, a decision notice has not been issued and planning permission has not yet been granted. As planning permission has not been given, I cannot know if Mrs X has suffered injustice because of any alleged fault with how the Council dealt with the application. The section 106 agreement may never be completed, and as such permission not issued. Mrs X can return to the Ombudsman if the planning decision notice is issued in the future.

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Final decision

7. We will not investigate Mrs X’s complaint because it is not yet possible to say if she has been caused any significant injustice because of the alleged fault.

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Investigator's decision on behalf of the Ombudsman