Summary: We will not investigate this complaint about the Council’s actions on the creation of a Neighbourhood Plan as we cannot say they caused the complainant’s injustice. Nor do we consider we can achieve the outcome the complainant is seeking.

The complaint

1. Mr X represents Miss Y, whose company owns a plot of land which they want to develop. He says the Council failed to provide the Independent Examiner of relevant information during the Neighbourhood Plan process.

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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
• further investigation would not lead to a different outcome
• we cannot achieve the outcome someone wants

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered the information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Neighbourhood planning gives communities a direct role to develop a shared vision for their area and deliver the sustainable development they need. Unlike parish, village or town plans that communities prepare, a neighbourhood plan forms part of the development plan and sits alongside the local plan prepared by the local planning authority (LPA).
6. Where a community wants to take up the opportunities offered by neighbourhood planning, the legislation allows three types of organisations, known as ‘qualifying bodies’, to lead it:
• a parish or town council
• a neighbourhood forum
• a community organisation

The qualifying body in this case was a Neighbourhood Forum (NF).

7. LPAs, in the case the Council, have a duty to guide and aid qualifying bodies preparing neighbourhood plans. This will include sharing information, providing advice, and encouraging best practice.
8. The Council must progress a submitted neighbourhood plan proposal through the formal stages which include:
• publicising the submitted plan proposal
• arranging an independent examination
• determining if the plan should proceed to referendum; and
• making the necessary arrangements to hold the referendum.
9. An independent examiner considers the content of a neighbourhood plan. They are limited to testing whether a draft neighbourhood plan meets the basic conditions, and other matters set out in the relevant legislation. The independent examiner is not testing the soundness of a neighbourhood plan or examining other material considerations.

What happened

10. Following a consultation, a review of a Neighbourhood Plan carried out by the Neighbourhood Forum has designated Miss Y’s plot of land as a local green space.
11. Mr X says the Council failed to tell the Independent Examiner that, during an earlier planning appeal, the Planning Inspector said that Miss Y’s plot of land is not public open space.
12. The Council says it has checked with the Independent Examiner who confirms that, had she known of the Planning Inspector’s statement, it was unlikely she would have considered it relevant.
13. We cannot investigate the actions of the Neighbourhood Forum or the Independent Examiner as they are not within our jurisdiction.
14. We can only consider the actions of the Council and it is unlikely we could say its actions caused Miss Y injustice. The Neighbourhood Forum led on the project to review the neighbourhood development plan. Mr X’s concerns are primarily related to designation of Miss Y’s land as local green space within the plan. While he believes the Council should have better advised the Neighbourhood Forum or provided information to the Independent Examiner, this is not how the process works.
15. The Council progressed the draft plan through the formal stages and the independent examiner confirmed it met the basic conditions required by law, but it was the Neighbourhood Forum which decided on its contents. It was then for local residents to vote on the plan and they voted in favour of it.
16. The Independent Examiner says it is unlikely she would have found the information about the Planning Inspectors statement on Miss Y’s land relevant. Any injustice Mr X claims is removed from the actions of the Council for us to recommend a remedy.
17. Mr X also complains the Council failed to publish an Information Statement after the independent examination. The Council accepts it failed to do so. However, it is satisfied it had no option but to continue with the referendum on the draft neighbourhood plan. It told Mr X the result of the referendum remained valid unless the High Court decides otherwise.
18. We also cannot achieve any worthwhile outcome for Miss Y by investigating the complaint as we cannot interfere with the process. Residents have cast their vote on the plan and the law requires it to be made. The only means to change the plan would be in court or by formally applying to alter it.

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Final decision

19. We will not investigate Mr X’s complaint because :
• we cannot not say the Council’s actions caused the complainant injustice; and
• we cannot achieve the outcome he is seeking.

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Investigator's decision on behalf of the Ombudsman