Summary: We will not investigate this complaint about the Council failing to carry out a satisfactory consultation for a proposed housing development where the Ms X lives. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Ms X complains the Council failed to conduct a satisfactory public consultation for a proposed housing development where she lives. She says it consulted the public twice instead of the three times required by its Consultation Protocol for New Developments.
2. Ms X says she feels excluded from the decision-making process.

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The Ombudsman’s role and powers

3. 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))

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s Consultation Protocol for New Developments states the public engagement will be:
• 1st stage – typically identifying key site characteristics
• 2nd stage – typically first stage presenting plans
• 3rd stage – usually showing detailed plans
• A 4th stage as part of the planning process will take place when a planning application has been submitted.

Consultation periods will typically be open for four weeks from the date residents are made aware of the event.

7. The Council confirmed the following consultation took place for the planning application:
• A public exhibition on the proposal for buildings in changed locations in April 2023.
• A public webinar in May 2023.
• A public exhibition on final proposals in September 2023.
• The public were invited to make representations on the planning application in February 2025.
8. I understand Ms X disagrees. However this appears to accord with the published protocol.
9. Ms X says she feels excluded from the decision-making process. However the Council’s website shows she objected to the planning application with more than 100 other members of the public. Plus petitions against the proposal were also submitted. The Planning Officer’s report summarised the objections received. This suggests residents were aware of the proposals and could engage in the consultation process.

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Final decision

10. We will not investigate Ms X’s complaint because we have not seen enough evidence of fault in the way the Council consulted and publicised the planning proposals for an area where she lives.

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Investigator's decision on behalf of the Ombudsman