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 it is therefore not possible to determine if the complainant has suffered any significant injustice as a result of the alleged fault.

The complaint

1. The complainant, Mr X, complains about the Council’s handling of a planning application. He says the Council lied to him, withheld information about the proposed road layout and failed to discuss details with him. He also complains about the way the Council considered the application at a committee meeting. Mr X is concerned about the impact of the development including loss of privacy, nuisance and loss of amenity.

Back to top

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 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

4. The Council received a planning application for a residential development near to Mr X’s home. The application was referred to the Council’s planning committee for determination and members voted to grant permission subject to a positive recommendation from a third party consultee and an agreement under Section 106 of the Town and Country Planning Act. Members agreed the application could be delegated to officers to approve once the necessary information was provided.
5. Mr X has raised many concerns about how the Council dealt with the planning application and what happened during the planning committee meeting. However, the outstanding issues with the application have not yet been resolved. Therefore, a decision notice has not been issued and planning permission has not been granted for the development.
6. As the Council has not yet granted planning permission any injustice Mr X claims is speculative. It is entirely possible that the applicant and the Council may not reach agreement over the Section 106 agreement and in this situation the Council may not approve the development as proposed. If however any outstanding issues are resolved and the Council does grant planning permission Mr X could raise a new complaint with us and we would consider whether to investigate it.

Back to top

Final decision

7. We will not investigate this complaint. This is because it is not currently possible to determine the level of injustice caused to Mr X as the development has not yet been granted planning permission.

Back to top

Investigator's decision on behalf of the Ombudsman