The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of a planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The alleged fault has not yet caused a significant injustice.
The complaint
The complainant, a community action group which I shall refer to as ‘the Group’, says the Council failed to properly consider an outline planning application for a mixed-use development in their neighbourhood. In particular, the Group says: A statement made at the Planning Committee meeting about possible appeal costs, stifled further discussion on the use of planning conditions which may have addressed its concerns.
A lack of knowledge about the Council’s responsibilities, with regard to overnight lorry parking facilities and the use of Natural England standing advice, has led to an unsound judgement.
The Ombudsman’s role and powers
The Ombudsman can investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. But 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 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))
How I considered this complaint
I considered information provided by the Group, and information about the planning application and Planning Committee meeting on the Council’s website.
I also considered our Assessment Code.
My assessment
The planning application being complained about has not yet been determined, as it is pending completion of a legal agreement.
Therefore, it is not yet possible to say what, if any, injustice the Group may have suffered because of the alleged faults by the Council as it is not yet known if the planning permission will be issued.
The Group may remake such a complaint to the Ombudsman if planning permission is granted in the future.
Final decision
We will not investigate the Group’s complaint because the alleged fault has not yet caused a significant injustice.
Investigator's decision on behalf of the Ombudsman