Summary: We will not investigate this complaint about the Council’s pre-application planning advice or its decision to take enforcement action. This is because the complainant has appealed to the Planning Inspector.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about the pre-application advice he received from the Council. Mr X says he was told by the Council he did not need planning permission for the work he intended to carry out to his property. However, the Council has since taken enforcement action against him as it says the work was unauthorised. Mr X says he has incurred significant costs because of the Council’s actions.

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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. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Mr X’s complaint about the Council’s decision to take enforcement action or the pre-application planning advice it provided. This is because Mr X has already appealed to the Planning Inspector against the enforcement notice. Mr X’s concerns about the Council’s advice were also considered as part of his appeal. The Ombudsman cannot investigate matters where someone has already used their appeal right.
7. Furthermore, it is also unlikely I would find fault by the Council in relation to the pre-application advice it provided. I have reviewed the correspondence between Mr X and the Council, and it is clear the Council’s advice was informal. The officer did tell Mr X planning permission would not be needed for internal alterations. However, the officer did inform Mr X on more than one occasion that planning permission was needed for the work shown on his plans and he would need to apply for permission to convert his property into separate flats. The officer also suggested that Mr X arrange an appointment to go through his proposal.
8. Mr X has complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

9. We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman