West Devon Borough Council (24 014 061)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 21 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s determination of a planning application. This is because there is insufficient evidence of injustice caused to the complainant personally.
The complaint
- Mr X complains that the voting guidance given to members at a Planning Committee meeting was unclear and misleading. He believes this may have wrongly influenced the committee’s decision to refuse 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:
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement, or
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation. Although Mr X has concerns about the Council’s handling of the planning application and believes the guidance given was misleading, he has claimed no personal injustice from the Council’s decision to refuse the application. The main criterion in law for a complaint to the Ombudsman is not met.
- If the applicant believes the Council failed to follow the correct process and the decision was therefore flawed, they may appeal.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of personal injustice to the complainant.
Investigator's decision on behalf of the Ombudsman