Summary: We will not investigate this complaint about the Council’s pre-planning application advice. The Council’s apology and refund of the pre planning advice application fee is an acceptable remedy to the complaint.

The complaint

1. Mr X complains the Council delayed and then provided an wrong response to his request for pre-planning application advice. He says the planning officer told them to put in a full planning application. However, the Council refused the application.
2. Mr X says the Council should not have advised him to put in the application. He wants the Council to refund him £648 which was the cost of the refused planning application.

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The Ombudsman’s role and powers

3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

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

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My assessment

6. Planning guidance says pre-application advice provided by the local planning authority cannot pre-empt the democratic decision-making process or a particular outcome when a planning application is made. However, the advice can be a material consideration and given weight in the planning application process.
7. Mr X paid £367 for planning advice on changes to his home.
8. Following a delay, Mr X says the planning officer told him to continue with a planning application.
9. Mr X put in a planning application which cost £648. However, the application was refused.
10. Mr X changed his plans and put in a new application at further cost. This was approved.
11. The Council accepts there was a delay in dealing with the request for pre application advice. However it says it has no record of telling Mr X to put in with an application. In recognition of the delay it has refunded the £367 fee.
12. I consider this is an acceptable remedy to the complaint.
13. I accept that Mr X incurred added expenses when he put in the first planning application and believes he should not have been told to apply. However, pre-planning application advice is not binding. The only way to test this is to proceed with the planning application and appeal to a Planning Inspector if unsuccessful. Instead Mr X changed the proposal and made a new application.

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Final decision

14. We will not investigate Mr X’s complaint because we consider the Council’s refund of the pre planning application advice fee is a suitable remedy to his complaint.

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Investigator's decision on behalf of the Ombudsman