The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council considers the impact on air quality when deciding planning applications. This is because there is insufficient evidence of fault.
The complaint
Mr X complains the Council does not properly assess the impact of increased traffic pollution when making planning decisions for new housing. He says the Council has breached the Human Rights Act because increased traffic pollution will impact on health.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We cannot find that an organisation has breached the Human Rights Act. However, we can find an organisation at fault for failing to take account of its duties under the Human Rights Act.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly we cannot question whether the decision was right or wrong The Council should assess planning applications in line with its local development plan. The Council’s local development plan includes policies on pollution arising from development and Mr X has not provided any evidence to show the Council has failed to follow these policies. The Council has explained it considers each application on its merits, as it should, and it is unlikely we would find fault by the Council in its approach.
While Mr X believes the Council’s approach breaches the Human Rights Act as pollution from new development affects his health and impacts on his life, we cannot decide whether there has been a breach; this is a matter for the courts. I am however satisfied the Council’s local development plan deals with the issue Mr X has raised and I have seen nothing to suggest the Council has failed to consider its obligations under the Act. It is therefore unlikely we would find fault.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman