Bournemouth, Christchurch and Poole Council (23 012 916)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 26 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s use of Ordnance Survey mapping data. We consider that further investigation will not lead to a different outcome. Also, we cannot achieve the outcome the complainant is seeking.
The complaint
- Mr X complains the Council uses inaccurate Ordnance Survey (OS) data as evidence to apply planning policy.
- He wants the Council to revisit all decisions where it refused planning applications that relied on use of Ordnance Survey mapping information, including his own.
The Ombudsman’s role and powers
- 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:
- further investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains the Council used inaccurate OS data as evidence when refusing some planning applications. He refers to a wider public interest in his complaint. However, I consider the outcome he is seeking flows from the Council’s decision to refuse his planning application more than ten years ago.
- Matters surrounding the Council’s use of OS data when refusing of his planning application were previously considered by the Ombudsman in 2020.
- The Council has confirmed that Mr X can make a new planning application. If a new application is refused he will have a right to appeal to the Planning Inspectorate.
Final decision
- We will not investigate Mr X’s complaint because we do not consider that further investigation will lead to a different outcome. Also, we cannot require the Council to review all historic planning application refusals where OS mapping information was used. Therefore we cannot achieve the outcome Mr X is seeking.
Investigator's decision on behalf of the Ombudsman