Summary: We will not investigate Mr X’s complaint about the way the Council considered a planning application. The Council has not yet granted planning permission. Therefore we cannot say Mr X has suffered significant personal injustice at this time.

The complaint

1. Mr X complains the Council granted planning permission for a development based on untrue information.
2. He also complains about the way the Council dealt with his complaint.

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The Ombudsman’s role and powers

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

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

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How I considered this complaint

4. I considered information provided by Mr X and information available on the Council’s website.
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 following completion of a legal agreement under section 106 of the Town and Country Planning Act.
7. I understand Mr X has concerns about the way the Council dealt with the application. However, at the date of this decision, there is no complete legal agreement, and the planning permission has not been issued.
8. As the Council has not issued planning permission any injustice is speculative. The 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 about the way the Council dealt with his complaint. However, we consider it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

10. We will not investigate Mr X’s complaint. It is not possible to say if any significant injustice has been caused because of the alleged fault with how the Council dealt with the application. This is because the planning permission has not yet been issued. Also, it is not a good use of public funds to investigate complaints about complaint procedures, if we are not dealing with the substantive issue.

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Investigator's decision on behalf of the Ombudsman