Summary: We will not investigate this complaint about how the Council handled a consultation for a local development framework. This is because there is not enough evidence of fault and any injustice Mr X may have suffered is not significant enough to justify our involvement.

The complaint

1. Mr X complains the Council failed to properly address concerns he and other residents raised about a proposed local development framework and a nearby access route. He says the Council relied on general policy references rather than addressing the specific local impacts he identified. Mr X says the Council unreasonably deferred traffic, environmental and road suitability assessments to the planning application stage without providing supporting technical evidence during the consultation process. He also says the Council deferred consideration of the acceptability of the access route to a neighbouring authority. Mr X considers this undermined the consultation process and limited residents' ability to engage meaningfully with it. He wants the Council to carry out a fresh traffic and risk assessment.

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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:

• 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.

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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 explained why it decided not to carry out updated traffic modelling or require Construction Management Plans at the proposal stage. It said its planning policy requires Transport Assessments and Travel Plans to accompany planning applications rather than proposals within the local development framework consultation. The Council also explained the road in question falls within the neighbouring authority's area and that authority is responsible for assessing its suitability. It said this did not mean it would fail to fulfil its responsibilities as the Local Planning Authority.
7. No planning application has been submitted or determined for the site. Therefore, any future traffic, environmental or highway impacts are currently uncertain and speculative. So, there is insufficient evidence of a significant personal injustice to Mr X arising from the matters he complains about. If a planning application is submitted, Mr X will have an opportunity to make representations as part of that process.
8. The Ombudsman is not an appeal body. We do not question a council's planning judgements simply because someone disagrees with them. Our role is to consider whether there was fault in the way the Council reached its decisions. The available evidence shows the Council considered and responded to the issues Mr X raised and explained the reasons for its position. There is not enough evidence of fault in the Council's decision-making process to justify an investigation. Even if there were fault, any resulting injustice to Mr X would not be significant enough to justify our involvement.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault and any injustice Mr X may have suffered is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman