Summary: We will not investigate this complaint about the Council’s pre-application planning advice. This is because it is unlikely an investigation would add to the Council’s response or achieve any more for the complainant.

The complaint

1. Mr X has complained about the pre-application planning advice he received from the Council. He says the Council’s inaccurate advice led to his planning application being refused. Mr X says he has incurred additional costs because of the Council’s actions.

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The Ombudsman’s role and powers

2. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X used the Council’s pre-application advice service before applying for planning permission. The Council has said there were some issues with the advice it provided and accepts it would have been helpful to draw Mr X’s attention to potential issues relating to the impact on the neighbouring property. The Council has offered to refund the pre-application advice fee and pay Mr X an additional £1,000 as compensation for the errors.
6. I consider this a suitable remedy in the circumstances, and it is unlikely an investigation by the Ombudsman would add to this or achieve anything more for Mr X. Mr X says he would not have proceeded with the application had he been given the correct information and would have avoided the significant costs he has incurred. However, councils are not bound by the advice they provide, and pre-application advice is not a guarantee that any subsequent application will be approved. The Council’s advice response did also refer to potential issues in relation to the impact on neighbouring amenity.

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Final decision

7. We will not investigate Mr X’s complaint because it is unlikely we could add to the Council’s response or achieve any more by investigating the complaint.

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Investigator's decision on behalf of the Ombudsman