Elmbridge Borough Council (23 009 541)

Category : Planning > Planning applications

Decision : Closed after initial enquiries

Decision date : 24 Oct 2023

The Ombudsman's final decision:

Summary: We will not investigate Mrs X’s complaint about the Council’s consultation for a development funding agreement to redevelop a council car park. This is because the Council has decided not to proceed with the proposal and we could not therefore say its actions caused Mrs X significant injustice. We also could not achieve anything further for Mrs X by investigating.

The complaint

  1. The complainant, Mrs X, complains the Council failed to consult local residents, retailers and the parish council about a proposal to sign a development funding agreement with a developer to develop the site of a local council car park.

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The Ombudsman’s role and powers

  1. 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 do not start an investigation if we decide 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

  1. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

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My assessment

  1. The Council has decided not to proceed with the proposal and has therefore withdrawn from negotiations about the development funding agreement. We could not therefore say its actions have caused Mrs X significant injustice and further investigation is unlikely to achieve any worthwhile outcome for her.

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Final decision

  1. We will not investigate this complaint. This is because the Council’s actions have not caused Mrs X significant injustice.

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Investigator's decision on behalf of the Ombudsman

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