Kirklees Metropolitan Borough Council (23 015 458)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 15 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of a planning application. This is because any fault has not caused injustice to Mrs X.
The complaint
- Mrs X complains the Council relied on incorrect information in its decision to approve a planning application near her home.
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 any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X says the Council relied on incorrect calculations about vehicle stopping distances when assessing the impact of the new development on road safety. She says this may cause a future road safety hazard.
- Mrs X raised an objection to the planning application. The Council considered Mrs X’s concerns in its decision making. There is no evidence of significant injustice to Mrs X which warrants further investigation.
Final decision
- We will not investigate this complaint because there is not enough evidence of injustice to Mrs X.
Investigator's decision on behalf of the Ombudsman