Summary: We will not investigate this complaint about the Council’s handling of a planning application. This is because the Council has not formally granted this application planning permission yet. This means it is too early to consider this complaint in detail.

The complaint

1. Mrs B complains about the Council’s handling of a planning application for a development near her home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered information provided by Mrs B and have viewed planning records available on the Council’s website.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s planning committee has voted in favour of granting planning permission for the application Mrs B complains about. But, the Council has not formally granted this application planning permission yet.
7. There can sometimes be a delay between a recommendation for approval and planning permission being granted. This is particularly the case for larger developments which are subject to legal agreements between relevant parties.
8. Until the Council has formally granted this application planning permission it is too early for the Ombudsman to consider Mrs B’s complaint. This is because there remains the possibility the application may not be formally approved by the Council. This would mean the alleged fault by the Council would not have caused Mrs B an injustice.
9. Once the Council formally grants this application planning permission, Mrs B may ask us to look at her complaint. But, it is now too early to do so.

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Final decision

10. We will not investigate Mrs B’s complaint because it is too early to consider the issues complained about.

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Investigator's decision on behalf of the Ombudsman