Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application and the pre-application 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. Ms X has complained about how the Council dealt with her planning application and the pre-application advice she received. Ms X says she was led to believe she was able to build on the land and she complied with the Council’s requests for information. Ms X says she would not have applied for planning permission if she had known it was never going to be possible to develop the land. Ms X says the Council should compensate her for the significant costs she has incurred.

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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 Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman cannot investigate Ms X’s complaint about the Council’s decision to refuse her planning application. This is because she 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. This is the case even if the appeal did not address all the issues complained about.
8. Ms X has complained about the pre-application planning advice she received from the Council. But it is clear from the Council’s written advice the development was not supported. The advice was also given based on the information available and did not offer any guarantee that planning permission would be approved. Ms X therefore incurred her costs at the risk the Council could refuse planning permission.

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Final decision

9. We will not investigate Ms X’s complaint because she has appealed to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman