Summary: We will not investigate this complaint about the Council’s decision to refuse a planning application. We have not seen enough evidence of fault in the way the Council considered the application. Nor can we achieve the outcome the complainant is seeking.

The complaint

1. Mr X complains about the Council’s decision to refuse one of a set of four planning applications relating to the area surrounding a leisure centre where he lives.
2. He says the application which the Council refused was to fund the refurbishment scheme for the leisure centre.
3. Mr X wants the planning permission for re-ordering, part demolition and construction of new elements of the leisure centre withdrawn.

Back to top

The Ombudsman’s role and powers

4. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X complains the Council dealt with four planning applications relating to the development of the leisure centre site in the wrong order.
8. There is no statutory requirement for planning applications to be considered by planning committees in a specific order.
9. The information is on the Council’s website, including the:
• agenda
• planning reports; and
• meeting minutes.
10. From the information I have seen it is clear the Planning Committee was fully aware of proposals it was making decisions on.
11. We have not seen enough evidence of fault in the way the final application for the site was considered. The Planning Officer’s report sets out:
• the relevant local and national planning policies.
• the proposed scheme.
• a summary of the comments received from statutory consultees and members of the public; and
• reasons for the Officer’s recommendation to approve the application.
12. The meeting minutes show the committee discussed the application before deciding not to grant planning permission.
13. Mr X wants us to require the Council to withdraw one of the planning permissions it granted for the site. This is not something the Ombudsman can achieve.

Back to top

Final decision

14. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the way the Council considered the planning applications in question. And we cannot achieve the outcome Mr X is seeking.

Back to top

Investigator's decision on behalf of the Ombudsman