Summary: Mr X complains about the Council’s advice regarding his planning application. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr X complains about the Council’s advice regarding his planning application.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered the comments of the complainant and the Council’s responses to the complaint. The complainant has commented on the draft decision.

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What I found

4. Mr X sought a meeting with a Planning Officer in order to seek approval for a planning application he had made. He says that the Planning Officer and accompanying officers were unhelpful and he says that the Council should refund his planning application fee.
5. The Council says that he was advised to make a formal pre planning advice application if he wanted a detailed discussion on the matter. Nevertheless, the Council says that they tried to offer advice about the new planning application but say that Mr X and his planning adviser sought to justify a previous planning application (which had been refused).
6. The Ombudsman cannot comment on what was said at the meeting as he was not there. Any advice given freely will be limited and it is a matter for the applicant to decide whether or not to take that advice. Further, I note Mr X had his own experienced adviser to assist him with his planning application.
7. I cannot therefore conclude that the information and advice provided by the Council at that meeting was fault. Mr X can appeal to a Planning Inspector if he considers the Council’s final decision wrong (and also seek costs if the Council acted unreasonably).

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Final decision

8. I do not intend to investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman