Summary: We will not investigate this complaint about a traffic flow survey the Council carried out to inform its decision-making on a planning application. There is no evidence of the Council’s actions causing Mrs X a significant injustice which would warrant our involvement.

The complaint

1. Mrs X complained the Council measured traffic flow near a business which had applied for planning permission, when the business was closed.
2. Mrs X said this meant the data did not show a true reflection of traffic in the area.

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The Ombudsman’s role and powers

3. We consider 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. When a business close to Mrs X’s home applied for planning permission to erect a development, which would increase its capacity, the Council carried out a traffic flow survey.
7. Mrs X complained the Council carried out the survey when the business was closed. Mrs X said the data therefore did not show a true reflection of traffic issues already present in the local area.
8. In its complaint response, the Council acknowledged it did not consider the timing of its traffic flow assessment. However, it also noted planning permission for the development had been refused.
9. It said it will require a new assessment of traffic flow for any future planning applications.
10. Given planning permission for the development was refused, any potential fault by the Council not considering the timing of its survey, has not caused Mrs X a significant injustice, which would warrant our involvement. This is because there will be no change to traffic flow in the area because of it.
11. Given there is no evidence of Mrs X suffering a significant injustice, we will not investigate.

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Final decision

12. We will not investigate Mrs X’s complaint because there is not enough evidence she has suffered a significant injustice which would warrant our involvement.

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Investigator's decision on behalf of the Ombudsman