Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because it is not yet possible to determine if the complainants have suffered any significant injustice as a result of the alleged fault.

The complaint

1. Mr X has complained on behalf of himself, and other residents, about how the Council dealt with a planning application for a development in the area where they live. Mr X says the Council’s planning committee were given misleading advice and relevant information was not considered. Mr X says the Council also failed to properly consult residents about the application and the planning committee meeting.

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The Ombudsman’s role and powers

2. 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, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. The Council received a planning application for a residential development in the area where Mr X lives. The application was referred to the Council’s planning committee for determination and members were minded to grant permission subject to a positive recommendation from a third party consultee and an agreement under section 106 of the Town and Country Planning Act. Members agreed the application could be delegated to officers to approve once the necessary information was provided.
5. Mr X has raised many concerns about how the Council dealt with the planning application and what happened during the planning committee meeting. However, the outstanding issues with the application have not yet been resolved. Therefore, a decision notice has not been issued and planning permission has not been granted for the development.
6. As planning permission has not yet been given, any injustice will be speculative. The required information may never be received and therefore planning permission will not be granted. Mr X can return to the Ombudsman if the planning decision notice is issued in the future.
7. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

8. We will not investigate Mr X’s complaint because it is not yet possible to say if he, and the other residents he has complained on behalf of, have suffered any significant injustice as a result of the alleged fault.

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Investigator's decision on behalf of the Ombudsman