London Borough of Hammersmith & Fulham (22 004 128)
The Ombudsman's final decision:
Summary: Mr D complains about informal planning advice provided by the Council. The Ombudsman has discontinued the investigation because it is unlikely he would find fault.
The complaint
- The complainant (whom I refer to as Mr D) says the Council provided inconsistent and misleading advice when he sought pre-planning application (pre-application) advice about proposed works to a property he owned.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word 'fault' to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
- it is unlikely we would find fault, or
- it is unlikely further investigation will lead to a different outcome
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered the information provided by Mr D and the Council.
- I shared my draft decision with both parties.
What I found
- Mr D sought pre-application advice from the Council about works he wanted to carry out to a property. He says the Council found his proposal unlikely to be approved so he decided to sell the property. Subsequently the new owner received planning permission for works which were similar to those Mr D had intended to do.
- The Council provides a pre-application advice service. This is not binding advice as the Council makes clear to anyone seeking its views. If a property owner wants to have their plans fully considered with a formal decision, which carries the right of appeal, they should submit a planning application.
- I have discontinued the investigation because it is unlikely we will find fault. The Council provided informal and non-binding advice to Mr D. He had the right to submit a full planning application which carried the right of appeal. I appreciate this will be disappointing for Mr D but I do not see that an investigation into this matter is warranted.
Final decision
- I have discontinued the investigation.
Investigator's decision on behalf of the Ombudsman