The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a planning application. It is not yet possible to say if the complainant has suffered a significant injustice as a result of the alleged faults.
The complaint
Mr X complains about the Council’s handling of a planning application for a development in his local area. In particular, he says: The application was flawed through procedural errors, and The Council failed to make the Planning Committee aware of false and factually incorrect information submitted by the applicant.
The Ombudsman’s role and powers
We can investigate 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. So, 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), as amended, section 34(B)) We can consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered: information provided by Mr X and the Council, which included their complaint correspondence.
Information about the planning application and the Planning Committee meeting, on the Council’s website.
the Ombudsman’s Assessment Code.
My assessment
The planning application was referred to the Council’s Planning Committee for determination and members resolved to grant permission subject to conditions and the completion of a legal agreement under section 106 of the Town and Country Planning Act.
But the section 106 agreement between the Council and the developer has not yet been completed. Therefore, a decision notice has not been issued and planning permission has not yet been granted.
As planning permission has not been given, I cannot know if Mr X has suffered a significant injustice because of any alleged fault with how the Council dealt with the application. The section 106 agreement may never be completed, and as such permission not issued. Mr X can return to the Ombudsman if the planning decision notice is issued in the future.
Final decision
We will not investigate Mr X’s complaint because it is not yet possible to say if he has suffered any significant injustice as a result of the alleged fault.
Investigator's decision on behalf of the Ombudsman