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 decide if the complainant has suffered any significant injustice because of the alleged fault.

The complaint

1. Mrs X complains the Council’s planning committee was misled, leading to it recommend a planning application for approval. Mrs X says the decision is dangerous and wants the recommendation reversed.

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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 Mrs X and on the Council’s website.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X raises concerns about how the Council dealt with the planning application. However, the planning decision has not yet been issued and therefore planning permission has not been granted. The Council has said a decision notice will not be issued until a legal agreement is completed. If the agreement is not completed by the end of January 2025 the application will be refused unless an extension to the deadline is granted by the planning committee.
6. As planning permission has not been granted, I cannot know if Mrs X has suffered any significant injustice because the alleged fault with how the Council dealt with the application. The ongoing issues may never be resolved or the application may be refused. However, if planning permission is granted in the future, Mrs X can return to the Ombudsman.

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Final decision

7. We will not investigate Mrs X’s complaint because it is not yet possible to say if she has suffered any significant injustice because of the alleged fault.

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Investigator's decision on behalf of the Ombudsman