Summary: We will not investigate this complaint about the way the Council decided to approve a planning application. We have not seen enough evidence of fault to justify an investigation. Also, we cannot achieve the outcome the complainant is seeking.

The complaint

1. Ms X complains the Council fail to properly consider a planning application for a Battery Energy Storage System. She says the planning committee were mislead into approving the application.
2. Ms X wants the planning permission withdrawn.

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The Ombudsman’s role and powers

3. 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.

(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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complains the Council allowed a planning applicant to present a misleading document an hour before the planning committee meeting.
7. The Council confirms the National Fire Chief Council (NFCC) launched a consultation on draft updated guidance on Grid Scale Energy Storage System Planning. This was published the week before the committee meeting.
8. On the morning of the meeting the Council received a summary of the draft guidance from the applicant. It says for transparency the summary was published and considered by the planning committee.
9. However, I have reviewed the planning officer’s report on the proposal and the update sheet presented to the committee. It is clear the draft NFCC guidance was noted as a draft document and was given limited weight when considering the application. The applicant’s summary of the draft guidance it stated to be the applicant’s interpretation of the draft guidance and officer clarified several points in the document.
10. The minutes of the meeting show the committee was provided clear information on what was being proposed and the officer report was based on current, not draft guidance. From the information I have seen there is not enough evidence of fault in the way the Council considered the application to justify an investigation.

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Final decision

11. We will not investigate Ms X’s complaint because there is not enough evidence of fault in the way the Council considered the planning application before deciding to approve it.
12. Also, we cannot require the Council to revoke the planning application which is the outcome Ms X is seeking.

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Investigator's decision on behalf of the Ombudsman