The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to approve a planning application. We are unlikely to find fault in the process the Council followed before making its decision.
The complaint
The complainant, who I shall refer to as Mr B, complains the Council failed to make a nitrate neutrality assessment (NNA) for a planning application. He says the Council refuses to admit there is insufficient sewage treatment capacity in the area. It continues to approve planning applications which add to sewage pollution of the waterways.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr B and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council confirms the applicant submitted a Habitat Regulations Assessment as required by the Habitat Regulations. It received responses: from Northumbrian Water the Environment Agency Natural England; and its own Natural Heritage Team.
Mr B made significant objections to the application which were considered as part of the planning process. Northumbrian Water has no objection subject to condition.
The planning officer report states the water authority confirmed there is adequate capacity in the sewerage system for the 201 properties approved by an existing outline application.
I understand Mr B disagrees with the Council’s decision to approve the application. However, the Council is entitled to rely on the responses from relevant consultees.
Final decision
We will not investigate Mr B’s complaint because from the information we have seen we are unlikely to find fault in the way the Council considered the application.
Investigator's decision on behalf of the Ombudsman