Summary: We will not investigate this complaint about the Council’s allocation of agricultural land in its Local Plan. The Planning Inspector decided the preparation of the Local Plan was sound and it was adopted in 2021. This part of the complaint is late, and we have seen no good reasons to exercise discretion on this point. The complainant also raises concerns about the Council’s approval of its own planning application. There is not enough evidence of fault here to justify an investigation.

The complaint

1. The complainant, I shall call Mr X, says the Council:
• Failed to adequately publicise a planning application for 27 new homes in the village where he lives
• used the wrong grading for agricultural land when assigning land for residential development; and
• approved the planning application which was made by its own company despite objections from the parish council and residents.
2. Mr X wants the land to be used for farming. He also wants the Council to form an independent committee to consider plans for its own land and building company.

Back to top

The Ombudsman’s role and powers

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

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council’s Local Plan assigns the site which is the subject of Mr X’s complaint for housing. This was adopted by the Council in 2021 following a public inquiry by the Planning Inspector. The Planning Inspector reviewed the legality and “soundness” of the preparation of the Local Plan. The Inspector decided the Plan had been prepared correctly. It is too late to complain about this now.
7. When it received the application the Council published notices in a local paper. Its records show it also erected site notices. This was three months before the Planning Committee met to consider the application. The Council therefore met the statutory requirements for publicising the application.
8. Council records show it received forty-three objections to the application, including those from Mr X and the parish council.
9. The Planning Officer’s report includes a summary of the complaints received. It also considers the Neighbourhood Plan as a material planning consideration.
10. The report lays out what legislation has applied to the case and why the officer has made their recommendation. The officer decided the application is sustainable and on balance is acceptable. This is a professional judgement and decision the officer is entitled to make.
11. The Council’s planning committee debated the application before deciding to approve it.
12. Mr X also complains the Council has approved its own application and an independent committee should be formed to consider these. However, Regulation 3 of the Town and Country Planning General Regulations 1992 says:

“…an application for planning permission by an interested planning authority to develop any land of that authority, or for development of any land by an interested planning authority jointly with any other person, shall be determined by the authority concerned, unless the application is referred to the Secretary of State…”

13. Therefore, there is no fault in the Council considering its own planning applications.

Back to top

Final decision

14. We will not investigate Mr X’s complaint because:
• we have seen no good reasons to investigate matters which occurred more than twelve months ago; and
• there is not enough evidence of fault in the process the Council followed leading to its decision to approve the planning application.

Back to top

Investigator's decision on behalf of the Ombudsman