Summary: We will not investigate this complaint about the Council’s response to consultation for a planning application. This is because the Council is not responsible for the decision to grant planning permission or for any injustice which results from this.

The complaint

1. Mr X complains the Council’s response to consultation about a planning application for development near his home ignored minimum safety standards which may put him and other residents at risk of harm. He wants the Council to recommend the local planning authority refuses the application.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

4. In its role as local highway authority the Council must be consulted on certain planning applications by local planning authorities. However, while the Council is a statutory consultee it does not take on responsibility for any planning decisions made by other local authorities.
5. Since Mr X made his complaint to us the local planning authority responsible for deciding the application has granted planning permission for the development to which this complaint relates. We cannot therefore achieve the outcome Mr X wants.
6. We also cannot hold the Council responsible for the local planning authority’s decision to grant planning permission, or for any injustice Mr X may claim results from this decision. The local planning authority must consider a wide range of ‘material’ considerations when determining an application and regardless of any responses it receives, it alone is responsible for deciding whether to grant permission.

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Final decision

7. We will not investigate this complaint. This is because we cannot achieve any worthwhile outcome for Mr X. The Council is not responsible for the local planning authority’s decision to grant planning permission and we cannot say the Council must amend its consultation response retrospectively.

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Investigator's decision on behalf of the Ombudsman