Summary: We will not investigate this complaint about the process followed by the Council in relation to its draft local plan. This is because we are unlikely to find fault. The complainant has also not suffered any significant injustice.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained the Council failed to properly consult residents about its draft local plan.

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The Ombudsman’s role and powers

2. We investigate 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 continue 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), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

4. The process for making a new local plan is detailed in the Town and Country Planning Act. Regulation 18 sets out the requirements for local planning authorities in preparation of a local plan. This includes notifying certain bodies or persons and inviting representations. The consultation methods used by the Council are set out in its Statement of Community Involvement.
5. Mr X lives near a site allocated for development in the Council’s draft local plan. Mr X says he will be significantly impacted by any development at the site, and the Council should have consulted him about the plan and sent him a notification letter inviting him to make representations.
6. However, the Council has explained how it met the requirements in relation to the consultation it carried out in preparation of the draft local plan. The Council was not required to write to individual residents and Mr X will have the opportunity to comment on any proposed development of the site if a planning application is submitted.
7. I also cannot say Mr X has suffered any significant injustice as the new local plan has not yet been completed and adopted. Before the plan can be adopted it will be examined by the Planning Inspector for soundness. The examination will consider whether the plan has been prepared in accordance with the legal and procedural requirements. The Inspector will consider the evidence provided by the Council to support the plan and any representations put forward by interested parties.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council. Mr X has also not suffered any significant injustice.

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Investigator's decision on behalf of the Ombudsman