Slough Borough Council (20 011 455)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 15 Mar 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a plot of land Mr Q bought at auction which he is unable to develop. This is because we are unlikely to find fault with the Council.
The complaint
- The complainant, whom I have called Mr Q, complained that Slough Borough Council failed to put up a sign on a piece of land or write to the previous owner saying the land could not be developed.
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. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered the information Mr Q provided. I invited Mr Q to comment on a draft of this decision.
What I found
- Mr Q bought a plot of land at auction. The advert said it could be used for potential development, subject to planning permission. Mr Q later discovered the Council had refused two previous planning applications to develop the land and, because of the nature of the land, it was unlikely to give planning permission in future.
- Mr Q believes the Council should have put up a warning sign on the land or written to the previous owners saying the land could not be developed.
- Mr Q lost several thousand pounds in fees and a non-refundable deposit for the land. He would like the Council to reimburse him.
- There was no requirement for the Council to put up a notice or write to the former owners about land. So we are unlikely to find fault with the Council. We will not investigate Mr Q’s complaint for this reason.
Final decision
- We will not investigate Mr Q’s complaint. This is because we are unlikely to find fault.
Investigator's decision on behalf of the Ombudsman