Summary: We will not investigate this complaint about how the Council dealt with planning applications. This is because the complainant has not suffered significant injustice as a result of the alleged fault. We also cannot investigate the actions of the Planning Inspector.

The complaint

1. Mr X has complained about how the Council dealt with two planning applications for developments in the area where he lives. Mr X has raised many concerns about how the applications were dealt with and the information provided by the applicant and the third parties consulted. Mr X also says misleading information was given to the planning committee and information about the applications was withheld.

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The Ombudsman’s role and powers

2. 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, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

5. Mr X has raised many concerns about the decision to grant outline planning permission. However, the application was allowed following an appeal to the Planning Inspector. The Ombudsman cannot investigate decisions made by the Planning Inspector. We also cannot consider the concerns raised by Mr X about the actions of third parties consulted about the developments.
6. Mr X has complained about how the reserved matters application was dealt with and what happened during a planning committee meeting. However, I do not consider Mr X has suffered any significant injustice because of any alleged fault with how the application was dealt with as the Council ultimately refused permission for the proposal.

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Final decision

7. We will not investigate Mr X’s complaint because he has not suffered any significant injustice as a result of the alleged fault. We cannot investigate the actions of the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman