Summary: We will not investigate this complaint about a planning application as the planning application has not been determined yet and so any injustice is speculative.

The complaint

1. Mr X complains about the way the Council has considered a retrospective planning application to alter conditions attached to an earlier planning permission.

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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:

• 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))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says that the Council’s handling of a retrospective planning application for a neighbour’s property is seriously flawed and will lead to an incorrect decision.
6. The Council’s website states that no decision has yet been reached on the planning application. The Ombudsman would not investigate a complaint where the injustice was speculative and so will not investigate this complaint at this stage. If planning permission is granted Mr X may make a complaint to this office.

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Final decision

7. We will not investigate Mr X’s complaint because the injustice is speculative.

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Investigator's decision on behalf of the Ombudsman