Summary: We will not investigate this complaint about the way the Council considered a planning application. The planning permission has not yet been granted therefore we cannot say significant personal injustice has been caused. Also, it is too late to complain about the removal of the site from the green belt as part of the local plan process in 2017.

The complaint

1. Mr X complains on behalf of a local community group. He says, in regarding to a planning application in the area, the Council:
• Failed to follow the local plan.
• Failed to consider objections and expert reps.
• Failed to advise the committee that the tree officer could not support the application.
• Failed to ensure the microphones were working at the planning committee meeting.
• Ignored calls for adjournment.
• Used a consultant that is not an independent statutory consultee.
• Granted planning permission before Natural England submitted comments.
• Applied inconsistent decision making with a previous application refused for a different site.
• Failed to disclose the developer’s previous history on affordable housing payments.
• Failed to take enforcement action between 2013 and 2024.
• Failed to apply and disclose statement of common ground in 2016 local plan examination process.

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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 any fault has not caused injustice to the person who complained.

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

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done.

(Local Government Act 1974, sections 26B and 34D, as amended)

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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. The Council’s planning committee considered the planning application. It decided to grant permission for the development subject to the completion of a legal agreement under section 106 of the Town and Country Planning Act.
7. I understand Mr X and members of his group are concerned about the development. However, at the date of this decision, the legal agreement has not been completed and the planning permission has not been issued.
8. As planning permission has not yet been given, any injustice is speculative. The required legal agreement may never be completed and therefore planning permission will not be granted. Mr X can return to the Ombudsman if the planning decision is issued in the future.
9. Mr X also complains the Council failed to take enforcement action between 2013 and 2024.
10. The law says a complaint must be made to us within twelve months of the complainant becoming aware of the problem. I have seen no evidence that Mr X complained to the Council about these events when they were occurring. It is too late to complain now about historical unauthorised use of the site.

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Final decision

11. We will not investigate Mr X ’s complaint because, as the planning permission has not been granted, it is not yet possible to say if any significant injustice has been caused because of any alleged fault with how the Council dealt with the application.
12. Also it is too late to complain about the Council’s consideration of the local plan as this was adopted in 2017.

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Investigator's decision on behalf of the Ombudsman