Summary: We will not investigate this complaint about advice given to the complainant in relation to his request to develop land owned by the Council. This is because we are unlikely to find fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained he was given conflicting advice by the Council’s planning department and property services in relation to his request to build on land owned by the Council. Mr X says he has incurred costs because of the Council’s actions.

Back to top

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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X contacted the Council for advice as he wanted permission to use land owned by the Council for private residential use. He also intended to extend his property onto the land. The Council gave Mr X pre-application planning advice and he subsequently made planning applications to change the use of the land and for permission to build an extension. Planning permission was granted. However, following this, Mr X was advised by the Council’s property services it was not willing to dispose of the land.
6. Mr X says he has incurred significant costs because of the inconsistent advice he received from the Council. Mr X says he could have avoided paying planning fees had he known the planning department did not have the authority to give permission to change the use of the land. He says the Council should have refused his application and instead referred him to property services.
7. However, someone does not need to own land to apply for planning permission. When a council receives a planning application it will consider if the proposal is acceptable in planning terms. If the development is acceptable, the council will grant planning permission. But planning permission does not override other potential factors outside of the planning process which may prevent the development being carried out.
8. Mr X says the Council did not tell him he would also need additional permission to develop the land. But the Council’s pre-application advice did make it clear that Mr X would need to notify the landowner before making an application or prior to any works taking place. Therefore, it is unlikely I could find fault by the Council in this regard

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman