The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning application. This is because the Council has not yet granted planning permission and we could not therefore say its actions caused Mr X significant injustice.
The complaint
Mr X complains about the Council’s handling of a planning application. He says the Council failed to properly consider highway safety issues, flood risk, land contamination issues and biodiversity and that the outcome of a planning committee meeting to discuss the proposal was predetermined, with possible bias by at least one member of the committee.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
I understand Mr X is unhappy with the Council’s handling of the planning application but it has not yet granted planning permission for the development. It is therefore possible, as things stand, that the Council could yet refuse the application. I cannot therefore say any concerns about the way the Council handled the application caused Mr X significant injustice.
In the event the Council grants planning permission, and if Mr X remains concerned about the way it reached its decision, he may complain to us again.
Final decision
We will not investigate this complaint. This is because the Council’s actions have not caused Mr X significant injustice.
Investigator's decision on behalf of the Ombudsman