Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application or the pre-application planning advice it provided. This is because the complainant has appealed to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

The complaint

1. Mr X has complained about how the Council dealt with his planning application and the pre-application planning advice it provided. Mr X says the advice was inconsistent and he has incurred significant costs because of the Council’s actions.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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

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

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My assessment

6. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because he has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right.
7. Mr X has complained about how the application was dealt with by the Council. However, the issues raised are related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.
8. Mr X has also complained about the pre-application planning advice he received from the Council. Mr X says he contacted the Council before purchasing his property and was told the proposed development at the site would be acceptable. However, he was later told the development would not be supported.
9. The pre-application advice the Council provided would have been informal and based on the information available. Councils are not bound by the pre-application advice provided and the only way to get a definitive view regarding the acceptability of a development would be to apply for planning permission. The written advice the Council initially gave to Mr X also makes it clear that additional information would be needed and there would be issues that needed to be addressed.

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Final decision

10. We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector. It is unlikely we would find fault in relation to the pre-application planning advice the Council provided.

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Investigator's decision on behalf of the Ombudsman