The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council is dealing with a planning application. This is because the Council has not yet granted planning permission. Therefore, it is not yet possible to determine if the complainant has suffered any significant injustice because of the alleged fault.
The complaint
Mr X complains the Council has failed to follow the correct policies and procedures when considering a planning application for a site in the area where he lives.
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: 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))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about the way the Council is handling a planning application. However, planning permission has not yet been given. While I understand Mr X has found the process stressful, he has made several objections to the proposal. However, I cannot know if he has suffered any significant injustice because of any alleged fault with how the Council has dealt with the applications. The application may be refused. Mr X can return to the Ombudsman if the planning permission is granted in the future.
Final decision
We will not investigate Mr X’s complaint because planning permission has not been granted. Therefore, it is not yet possible to say if he has been caused any significant injustice because of the alleged fault.
Investigator's decision on behalf of the Ombudsman