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 Ms X, has complained about how the Council has dealt with a planning application for a development near her home. Ms X says the decision to approve the application was based on incorrect information and the proposed development will not comply with planning policies or guidelines. Ms X says the development will have an adverse impact on her home and the matter has caused her significant stress.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. The planning application was referred to the Council’s planning committee for determination and members resolved to grant permission subject to conditions and the completion of a legal agreement under section 106 of the Town and Country Planning Act.
5. Ms 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 Ms 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. Ms X can return to the Ombudsman if the planning decision notice is issued in the future.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman