Summary: We will not investigate Mx X’s complaint about the Council’s responses to consultation about a planning application in its capacity as local highways authority. This is because there is not enough evidence of fault by the Council and it is not responsible for the decision to grant planning permission, which was made by the local planning authority.

The complaint

1. The complainant, Mx X, complains about the Council’s response to consultation about a planning application determined by the local planning authority. They say the decision has caused significant impact to local residents’ quality of life and road safety.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

4. The injustice Mx X describes stems from the local planning authority’s decision to grant planning permission. While the Council’s response to consultation was one of the factors relied on in deciding the grant planning permission it is not responsible for the decision itself; responsibility for this rests with the local planning authority. We could not therefore say the Council’s advice to the local planning authority caused Mx X injustice; rather, any injustice from the development stems from the decision to grant planning permission.
5. I have however reviewed the Council’s consultation responses and consider it is unlikely we would find fault in its handling of the matter even if we were to look at it further. This is because the Council clearly considered the relevant issues, requested further information and exercised its professional judgement in deciding not to object and there is nothing to show its decision was affected by fault. We could not therefore question it. While Mx X says the development has caused issues for local residents this does not show the Council’s decision, based on the information available at the time, was flawed.
6. Mx X has raised a separate complaint about the local planning authority’s handling of the application and this is the most appropriate way to consider if there was fault affecting its decision.

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Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show its actions caused Mx X injustice.

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Investigator's decision on behalf of the Ombudsman