Ombudsman publishes updated planning guidance for local authorities

The Local Government and Social Care Ombudsman has released a new version of its planning report, Not in my back yard: Local people and the planning process, detailing the most common mistakes the watchdog finds in its planning investigation and lessons for improving service delivery.

The updated version includes updated references to legislation, new approaches to recommended remedies and more detail on the types of complaints the watchdog is likely to investigate. It also contains updated case studies.

The Ombudsman published its first report about its investigations into complaints about planning and development in 2014.

According to the Ombudsman, councils, councillors and MPs regularly ask about planning-related investigations the Ombudsman has carried out.

The Ombudsman also noted that it continued to receive many complaints on the subject and had decided 1,906 complaints in the year ending March 2023. It investigated 438 complaints in detail, finding fault in 211, meaning it upheld 48% of investigations.

The updated report is partly aimed at helping local people understand more about the planning process and explain the Ombudsman's role and powers in providing redress and independent scrutiny.

The Ombudsman's report also aims to encourage greater transparency in the way councils reach decisions through sharing the lessons from complaints.

Part of the report details the legal background for councils and the roles of the public, local councillors and the Ombudsman in the planning process.

Common faults are also highlighted in the guidance, which includes issues such as:

• failure to check the validity of an application
• errors in advertising applications
• not considering objections
• not explaining reasons for decisions
• properly
• failure to consider the impact on
• neighbouring properties
• allegations of bias
• failure to take enforcement action

Learning from complaints is also outlined in the report, aimed at improving service delivery, including a checklist of good practice based on our experiences of good administration from councils.

Adam Carey