Summary: We will not investigate this complaint about the Council’s handling of a planning application. This is because the Council’s actions have not caused Mr X significant enough injustice to warrant an investigation.

The complaint

1. Mr X complains the Council has not considered a planning application correctly. He says its handling of the planning process was biased and discriminatory and its decision to refuse the application is unfair.

Back to top

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, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X wrote to the Council to support the planning application but he is not the person applying for planning permission. He is also not directly or significantly affected by the application and the Council’s decision does not therefore cause him significant injustice.
6. We will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation. In addition, we will not normally investigate a complaint where the complainant is using their enquiry as a way of raising a wider community campaign about something of general concern but where they have not suffered injustice.
7. So, while I appreciate Mr X has concerns about the Council’s handling of the planning application, we will not investigate these further.
8. We also could not achieve any worthwhile outcome for Mr X even if we were to investigate. This is because the applicant has now appealed to the Planning Inspector and they will make their own decision about whether to grant planning permission.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is not enough personal injustice to warrant our involvement and an investigation would not achieve the outcome Mr X wants.

Back to top

Investigator's decision on behalf of the Ombudsman