The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of a planning application because there is no evidence of fault causing injustice to Mr X.
The complaint
Mr X complains that the Council unfairly considered objections to a planning application for a large residential development near him.
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, 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 complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council received a reserved matters planning application for a large number of residential dwellings on a site near him in October 2021. Mr X objected to the planning application but the planning application was granted in July 2022.
He says that the Planning Officer’s report about the mix, size and tenure of the properties was misleading.
The Council says that mix of properties could not be considered as this was a matter for the original planning application (now granted).
The Council adds that they did not consider that the size and tenure of the properties was a matter for the reserved planning application.
Whilst I appreciate Mr X’s concerns, we are not persuaded that the specific size, mix and tenure of the properties would have any direct effect upon Mr X’s amenity. The Ombudsman would not therefore investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because there is no evidence of fault by the Council causing significant injustice.
Investigator's decision on behalf of the Ombudsman