Summary: We will not investigate Mr X’s complaint that the Council’s preapplication advice on a proposed development indicates it would refuse planning permission. There is no injustice.

The complaint

1. Mr X complains the Council’s replies to his pre-planning applications indicate it will refuse planning permission for a development at his property. Mr X says there are several nearby properties which have similar features. He suspects there is some undue local influence or the Council is guilty of disability discrimination.

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The Ombudsman’s role and powers

2. 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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I have considered Mr X’s information and comments and discussed the complaint with him by telephone. The information includes the Council’s reply to his complaint.

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My assessment

4. I will not investigate Mr X’s complaint for the following reasons:
5. There is no injustice to Mr X because the Council has given advice not refused an application for planning permission. Advice indicates the likely outcome of an application but does not guarantee the outcome. The Council refers to planning constraints such as the conservation area and highway. Mr X may take independent professional advice about how to proceed.
6. The Council has correctly advised Mr X that if he wants to pursue the development he should submit a planning application and follow the available procedure. If the application is refused he will have a right of appeal to the planning inspector which would place the issue outside the Ombudsman’s jurisdiction. It is for the planning inspector, not this office, to decide whether a council has made a correct decision with regard to material planning matters.
7. I have not seen evidence of disability discrimination. Mr X can take his own legal advice about his legal remedies if he wishes to pursue a claim.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint that the Council’s preapplication advice on a proposed development indicates it would refuse planning permission. There is no injustice.

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Investigator's decision on behalf of the Ombudsman