Tonbridge and Malling Borough Council (25 002 810)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 30 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council considered a planning application. The Council has refused the application and we do not consider the complainant has suffered a significant personal injustice which warrants our involvement.
The complaint
- Mrs X complains about the way the Council considered a planning application.
The Ombudsman’s role and powers
- 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 injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X and others objected to a planning application for new houses in the area where she lives.
- Officers recommended the application for approval. Ultimately, the Council decided to overturn the officer recommendation and it refused planning permission.
- I understand Mrs X is concerned about the way the Council considered the application. However, planning permission has been refused.
Final decision
- We will not investigate Mrs X’s complaint because while I acknowledge she ay have found the planning process stressful, the application has been refused. Therefore we do not consider she has suffered enough personal injustice to warrant our involvement.
Investigator's decision on behalf of the Ombudsman