Summary: We will not investigate this complaint about delays in responding to a request for pre-planning application advice. The Council has apologised and refunded the fee. This is a suitable remedy. We cannot investigate this complaint about how the Council dealt with the complainant’s planning application as he has used his right to appeal to the Planning Inspectorate.

The complaint

1. The complainant, who I shall call Mr J, says the Council failed to respond to his attempts to contact the case officer after it refused his planning application. He says he paid for pre-application advice. Following this, the case officer met his agent and agreed to consider new plans. But the Council failed to respond to the new plans until after the deadline for appealing against the refusal had passed.
2. Mr J wants compensation because he says he has incurred added costs and delay.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered information provided by Mr J and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has apologised for the delay in responding to his requests for pre- application advice. It has also refunded the £95 fee which Mr J paid for the advice. We consider this an acceptable remedy.
8. When the Council refused his planning application it advised that, before appealing, it encourages applicants to contact the case officer to discuss whether possible changes can make the proposed development acceptable.
9. Mr J says the Council failed to respond to his repeated attempts to discuss any changes. He wants compensation for the increased costs he incurred.
10. However, we cannot investigate Mr J’s complaint about the way the Council dealt with his planning application. He has appealed to the Planning Inspector about the Council’s decision. We cannot investigate matters where someone has already used their appeal right.
11. I understand his concerns are about failure to respond to his attempts to discuss possible changes to his proposal, according to its own advice. But this is directly related to the decision which has been appealed.
12. The Courts have said that we cannot investigate a complaint about any action by a council, about a matter which is itself out of our jurisdiction. “(R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin)).” This applies even if the appeal does not resolve all the issues complained about.

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Final decision

13. We will not investigate Mr J’s complaint because the apology and refund of the pre-application advice fee is a suitable remedy for the delay in providing advice. And we cannot investigate any matters related to the refused planning application as Mr J has exercised his right of appeal.

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Investigator's decision on behalf of the Ombudsman