Somerset Council (23 014 333)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 10 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way a planning application was considered as no decision has yet been made, so any injustice is speculative and would not warrant investigation.
The complaint
- Mr X complains about the way the Planning Committee considered a planning application.
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, 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 the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Council did not take proper account of objections made by residents to a planning application for a large number of dwellings.
- I note that the planning application has not yet been determined. Any injustice from the alleged fault cannot therefore be assessed. If the planning application is granted, Mr X may make a further complaint to this office.
Final decision
- We will not investigate Mr X’s complaint because the injustice does not warrant investigation.
Investigator's decision on behalf of the Ombudsman