Summary: We will not investigate this complaint about the Council’s actions before making and then withdrawing a planning application. We cannot achieve the outcome the complainant is seeking. Nor do we consider there is any worthwhile outcome achievable from an investigation.

The complaint

1. Mr X complains the Council applied for planning permission for a grounds maintenance depot on land appointed as public open space. Although the Council has withdrawn the application, Mr X has concerns that the Council may decide to go ahead with the proposal in the future.
2. Mr X’s home overlooks the public open space, and he worries what will happen to the open space which will soon be transferred into the Council’s ownership.
3. He wants the Council to abandon the scheme and reassure residents the open green space will remain.

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The Ombudsman’s role and powers

4. 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:

• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council applied for planning permission for a grounds maintenance depot on land appointed as public open space close to Mr X’s home. However, it later withdrew the application.
8. Mr X complained about the process the Council followed leading to the application.
9. The Council partially upheld the complaint as it admitted the process it followed to follow the project to planning application stage was not “wholly in line” with its strategic aims. However, it confirmed it cannot fetter its discretion by agreeing to Mr X’s request that it cease its efforts to locate a council depot on the open space.
10. The Council withdrew the planning application a year ago. The Council has apologised for the parts of the complaint that were upheld and explained what measures it has put in place to prevent recurrence.
11. Mr X and other members of the public may make representations on any planning applications for development of the green space, which the Council will have to consider.

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Final decision

12. We will not investigate Mr X’s complaint because we consider there is no worthwhile outcome to be had from further investigation. The Council withdrew the planning application. We cannot require the Council to confirm it will not consider plans to develop the open space in the future which is the outcome Mr X is seeking. Mr X will have the opportunity to comment on any future planning application.

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Investigator's decision on behalf of the Ombudsman