Summary: Mr X complains about the way the Council has considered planning applications for a housing development. We will not investigate this complaint because the planning application has not yet been determined and so any injustice is speculative.

The complaint

1. Mr X complains about the way the Council has considered planning applications for a housing development.

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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:

• 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))

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant has had an opportunity to comment on my draft decision.

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My assessment

7. Mr X says that a planning application for a housing development was submitted in 2013. The planning application was refused and the Planning Inspector granted the appeal with conditions attached.
8. A reserved matters planning application was submitted in January 2020.
9. Mr X says that the Council initially supported their argument for a statement of intent about a planning condition but now takes a different view.
10. The reserved matters planning application has not yet been determined. The Ombudsman would not investigate this complaint because no significant injustice is caused until a planning decision is reached. The Ombudsman cannot speculate on what the outcome could be.
11. Mr X refers to highways issues but these formed part of the original planning application in 2013 and so are now out of time. The Council says the relevant condition has not yet been discharged and so, again, the Ombudsman would not investigate this part of the complaint.

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Final decision

12. I will not investigate this complaint because no significant injustice has been caused as the planning application has not yet been determined.

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Investigator's decision on behalf of the Ombudsman