Summary: Mr X complains about pre planning application advice given by the Council. The Ombudsman will not investigate this complaint because the matters are out of time and ultimately there is a right of appeal to a Planning Inspector.

The complaint

1. Mr X complains about pre planning application advice given by the Council.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about a decision to refuse planning permission.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant had an opportunity to comment on my draft decision.

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My assessment

7. Mr X requested pre planning application advice in 2018 for a development. The advice was that he would be unsuccessful and so he did not proceed. The Council then granted planning permission in 2020 for what he says is similar to his planning application.
8. I consider that any dispute about the planning permission in 2020 could have been made to this office within 12 months and so is out of jurisdiction.
9. Further, advice by the Council is not binding and if Mr X felt that planning permission should have been granted he could have proceeded with the planning application and appealed to an independent Planning Inspector if refused.

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Final decision

10. I do not intend to investigate this complaint because the matter is out of time and also a matter for the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman