Summary: We will not investigate this complaint about a planning application. Any injustice is not significant enough to justify our involvement.

The complaint

1. Mr X complains the Authority has not published a planning application’s Biodiversity Net Gain (BNG) documents for the public to read. Mr X says this means he cannot understand or comment on the impact of the application, which has caused him stress and reduced his confidence in the Authority.

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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 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))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The planning committee will decide whether to approve the planning application. The Authority says the BNG documents exist and are available to the committee. If the applicant or Authority has not followed the correct process, the committee can decide whether to refuse the application on those grounds. Mr X can make the committee aware of his concerns by commenting on the application.
6. We will not investigate Mr X’s complaint because there is not enough evidence Mr X has suffered a significant injustice. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means 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.
7. I recognise biodiversity and transparency are important to Mr X. However, I do not consider there has been significant enough personal injustice to warrant the Ombudsman devoting time and public money to investigation.

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Final decision

8. We will not investigate Mr X’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman