Summary: We will not investigate Mrs X complaint about the Council’s process and consideration of a planning application. There is not enough evidence of fault to justify an investigation. A further investigation by us would also not lead to a different outcome.

The complaint

1. Mrs X represents a resident’s association and complains about the Council’s process and consideration of a planning application. She says that the conduct of some of the Councillors and planning process led to an unfair decision. Mrs X wants the planning committee meeting to be held again.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

4. I considered information provided by the Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I find that there is not enough evidence of fault from the Council in the consideration of this planning issue. In reaching this view, I am mindful that:

1. A meeting to discuss highways matters was held before the public meeting.
2. An addendum was issued shortly before the meeting, which was discussed during the meeting.
3. Pictures of the site were made available prior to the meeting.
4. Issues surrounding air and noise pollution, flooding and radon gas on the development site were raised by residents, addressed in the case officers report and considered in the public meeting.
5. The Council has a policy which sets out who can speak at meetings.

7. The documents show the Council considered relevant information when compiling its report to the Planning Committee, meaning decision makers had sufficient information available to them to reach a decision on the planning application. The Council followed a proper decision-making process during the meeting and residents were able to express their views on the application during the consultation process and during the meeting in line with the Council’s policy.
8. There is not enough evidence of fault to justify an investigation, and we cannot overturn planning decisions so an investigation would not lead to a different outcome.
9. If Mrs X remains unhappy with the conduct of individual councillors, she would need to raise a complaint against them directly as part of the corporate complaints process.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault. A further investigation by us would also not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman