Summary: We will not investigate this complaint that the Council has refused to refund the pre-application advice fee for a proposal which it was never going to find acceptable. There is insufficient evidence of fault by the Council.

The complaint

1. Ms X complains the Council encouraged her to seek pre-application advice after it identified concerns with her planning application, only to later be told the Council would not support the principle of the proposed use of the site. Ms X says she has wasted time, money and effort on obtaining advice for a proposal which was never going to be deemed acceptable.

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The Ombudsman’s role and powers

2. We can investigate 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. So, we do not start an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

3. I considered:
• information provided by Ms X and the Council, which included the Council’s complaint responses.
• the Ombudsman’s Assessment Code.

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My assessment

4. There is insufficient evidence of fault by the Council, so the Ombudsman will not start an investigation. In reaching this view, I am mindful that:
• A May 2022 email to Ms X about her planning application said it was unlikely the Council would support a residential scheme on the site, as well as identifying other areas of concern.
• The email also set out various options available to Ms X if she wanted to continue to pursue her proposal, despite the issues which had been identified. It was ultimately Ms X’s choice to subsequently pursue pre‑application advice to see if the issues could be overcome.
• The Council has provided the meeting and written advice covered by the pre‑application advice fee.

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Final decision

5. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman