Tonbridge and Malling Borough Council (23 015 655)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 29 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council is considering a planning application. We do not consider the complaint has suffered sufficient personal injustice to warrant an investigation at this time.
The complaint
- Miss X says the Council is failing to fulfil its wildlife and environmental protection duties when considering a planning application. She also says the Council has failed to act with integrity, transparency and honesty and is not ensuring a level of independent scrutiny is applied in its decision-making process.
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 injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X is concerned about the way the Council is dealing with an outline planning application for up to 52 homes near to her home.
- The Council’s website shows the application has not yet been decided. Therefore, it is not possible to say what, if any, injustice Miss X may suffer because of any alleged fault by the Council as it is not yet known if permission will be granted.
Final decision
- We will not investigate Miss X’s complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman