Summary: We cannot investigate Mrs X’s complaint about the way the Council considered her planning application. Mrs X used her right of appeal to the planning inspector so the complaint is outside our jurisdiction.

The complaint

1. Mrs X complains the Council refused to provide pre planning application advice when she was looking to build an accessible home for her and her children.
2. She also complains the Council:
• failed to engage with her
• failed to provide any advice; and
• failed to determine her planning application in time despite extending the deadline.

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The Ombudsman’s role and powers

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. 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.
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

6. I considered information provided by Mrs. X, including the Council’s response to her complaint.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X sought pre planning application advice from the Council. The Council confirmed it does not provide this service.
9. There is no duty on Local Planning Authorities to provide any pre application advice, therefore we cannot find fault in the Council not doing so.
10. Mrs X put in a full planning application.
11. We cannot investigate Mrs X’s complaint about the way the Council considered her planning application. She has used her right of appeal to the planning inspector (see paragraph 3 and 4). This part of the complaint is therefore outside the Ombudsman’s jurisdiction we have no discretion to investigate.

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Final decision

12. We will not investigate Mrs X’s complaint about a failure to provide pre planning application advice. There is no evidence of fault as there is no duty to provide such advice.
13. We cannot investigate a complaint about the way the Council considered the planning application as Mrs X has used her right of appeal. This part of the complaint is therefore outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman