Lake District National Park Authority (24 011 488)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 22 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a planning application because the planning application has not been determined yet so any injustice is speculative.
The complaint
- Mr X complains that a planning application for a large development near his home has not been considered properly by the Council.
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:
- there is not enough evidence of fault to justify investigating, or
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that a planning application for a development near him submitted in November 2023 has not been properly considered as no account has been made of his objections.
- The planning application has not yet been determined. The Ombudsman considers that any injustice caused prior to the determination of a planning application is speculative and would not therefore be investigated. Mr X can make a further complaint to this office if the planning application is determined to his detriment.
Final decision
- We will not investigate Mr X’s complaint because the injustice is not sufficient to warrant investigation.
Investigator's decision on behalf of the Ombudsman