Summary: We will not investigate Ms X’s complaint about the Council’s handling of two planning applications. The Council’s actions in dealing with the first planning application, which it refused, did not cause Ms X significant injustice and it has not yet decided the second application. We could not therefore achieve any worthwhile outcome for her by investigating the matter further.

The complaint

1. The complainant, Ms X, complains about the Council’s handling of two planning applications for development in the area. She says the Council has not acted professionally, has been inconsistent in its approach and not followed planning policy and guidance. She is also unhappy with the way the Council’s planning committee considered the proposal.

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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 Ms X and the Ombudsman’s Assessment Code.

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My assessment

4. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
5. I appreciate Ms X has gone to time and effort to oppose the application, and that it has generated a considerable amount of opposition from other members of the public, but this is all part of the process. The Council refused the application and this was the most Ms X could hope to achieve from making her objections.
6. The developer has now made a new application and the Council must decide this in the usual way. Ms X wants the Council to adhere to the local plan but this is only one of numerous material planning considerations. The Council will be aware that it must consider the plan but it is up to it what weight to attach to it. The second application has not yet been decided and we could not therefore achieve anything for Ms X by investigating further at this time.
7. If the Council approves the application, and in the event Ms X believes it has failed to follow the proper processes in determining the application, she may make a new complaint. If she is unhappy with the Council’s response to the complaint she may refer the matter to us. But we cannot overturn the Council’s decision or question its merits. If she disagrees with the decision and wishes to dispute its lawfulness she may wish to seek legal advice about the possibility of a judicial review in the High Court.

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Final decision

8. We will not investigate this complaint. This is because the Council’s actions did not cause Ms X significant injustice and it is unlikely investigation would achieve any worthwhile outcome for her in this case.

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Investigator's decision on behalf of the Ombudsman