The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council deals with planning applications. This is because the complainant has not suffered any significant personal injustice as a result of the alleged fault.
The complaint
Mr X has complained about how the Council deals with planning applications. He says the Council is failing to have regard to material planning considerations leading to poorly informed decisions.
The Ombudsman’s role and powers
We 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. We do not start or continue 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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X has complained about how the Council deals with planning applications for self-build properties. He says it has incorrectly assessed multiple applications and applicants have needed to either resubmit proposals or make an unnecessary appeal to the Planning Inspector.
However, I do not consider Mr X has suffered any significant personal injustice because of the alleged fault. I understand Mr X may have acted as the planning agent for the applications he has referred to. But any significant injustice caused as a result of how the Council considers applications and its decisions to refuse planning permission will be suffered by the applicants, not Mr X.
Final decision
We will not investigate Mr X’s complaint because he has not suffered any significant personal injustice as a result of the alleged fault.
Investigator's decision on behalf of the Ombudsman