Summary: We will not investigate this complaint about the Council’s actions as consultee on a planning application. There is inadequate evidence of fault to justify an investigation.

The complaint

1. The complainant, who I shall refer to as Mr X, says the Council attached an unnecessary condition to its comments on an outline planning application. He says this resulted in the Council’s suggested road safety conditions not being attached to the eventual planning permission.

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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 may decide not to start an investigation if 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 Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The local planning authority (LPA) consulted the Council on highway matters for an outline planning application for 85 homes.
6. The Council advised what matters it would like secured through a legal agreement attached to the planning permission.
7. The LPA refused the planning application. The developer appealed. The Planning Inspector held a public inquiry. The Inspector decided to allow the appeal. She chose not to attach any conditions which include the measures suggested by the Council to the planning permission.
8. The Planning Inspectorate confirms the Council’s responses to the consultation were available to the Inspector before she made her decision.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
10. The decision not to include the Council’s desired measures to the planning permission was made by the Planning Inspectorate which is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman