Summary: We will not investigate Mrs X’s complaint about the Council’s planning advice service. This is because the Council has provided a suitable remedy for its delay and it is unlikely investigation would achieve anything more for her. If Mrs X wants a binding decision on her proposal she may wish to apply for planning permission and if the Council refuses her application it would be reasonable for her to appeal.

The complaint

1. The complainant, Mrs X, complains the Council delayed in providing pre-application planning advice about her proposal to build a new dwelling on land which forms part of her garden. She also complains she has never received a hard-copy of the Council’s advice by post.

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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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

4. The Council accepts delay in sending Mrs X the pre-application advice she paid for and has offered to refund her £166- half of the cost of the service- for its delay.
5. Mrs X is unhappy with the Council’s offer and wants it to refund her the full amount she paid for the advice. She also wants the Council to grant her planning permission for the proposal.
6. But the Council has taken time to consider the proposal and provided feedback on it through the pre-application process. It is clear Mrs X disagrees with the Council’s advice but this is not a reason for the Council to refund the cost.
7. Mrs X refers to the advice as being “non-existent” but this is plainly not the case. Mrs X has received the advice, albeit only by email and not in hard-copy, and has responded as she believes the advice is wrong.
8. The pre-application process provides a way for applicants to get advice on whether a specific planning proposal is acceptable but it is informal and non-binding. If Mrs X wishes to get planning permission for her proposal she would need to make a formal application. If the Council refuses to grant planning permission, and if Mrs X disputes its decision, she should appeal.
9. The Council’s offer of a partial refund of the cost of the pre-application advice provides a suitable remedy for its delay and it is unlikely further investigation would lead to a different outcome.

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Final decision

10. We will not investigate this complaint. This is because we are satisfied with the Council’s offer to remedy the injustice caused by its delay.

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Investigator's decision on behalf of the Ombudsman