London Borough of Bromley (19 011 253)
Category : Planning > Planning advice
Decision : Closed after initial enquiries
Decision date : 21 Nov 2019
The Ombudsman's final decision:
Summary: Mr X complains about the quality of pre planning application advice he received. The Ombudsman will not investigate this complaint because he can seek a remedy in the courts.
The complaint
- Mr X complains about the quality of pre planning application advice he received.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
- The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:
- delay – usually over eight weeks – by an authority in deciding an application for planning permission
- a decision to refuse planning permission
- conditions placed on planning permission
- a planning enforcement notice.
How I considered this complaint
- I considered the complainant's and Council's comments. The complainant has been given the opportunity to comment before a final decision has been made.
What I found
- Mr X paid for pre planning application for a development he hoped to proceed with. He says that the Council provided him with poor information which did not support his intended planning proposal.
- The Council says that a site visit was carried out by a Planning Officer and a further visit was carried out by the Conservation Officer. It says that the history of the site was explained and the problems of obtaining planning permission outlined to Mr X.
- Mr X paid for a service from the Council and is entitled to seek a remedy through the courts if he considers the Council did not provide the service he expected from the contract.
- Mr X may also test any advice he had from the Council by making the planning application he sought and appealing (if necessary) to a Planning Inspector.
Final decision
- The Ombudsman will not investigate this complaint because he could seek a remedy through the courts.
Investigator's decision on behalf of the Ombudsman