Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application and his request for pre-application planning advice. This is because we are unlikely to find fault. The complainant also had the right to appeal to the Planning Inspector.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning application and its pre-application planning advice. Mr X says the Council did not work efficiently and provided conflicting advice that he relied on. Mr X says he has been caused stress and incurred additional costs because of the Council’s actions.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
4. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• Delay – usually over eight weeks – by an authority in deciding an application for planning permission
• A decision to refuse planning permission
• Conditions placed on planning permission
• A planning enforcement notice.

5. 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))

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How I considered this complaint

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says his planning agent contacted the Council before submitting a planning application to confirm the plans and description for the development were correct. Mr X says the case officer confirmed the plans were acceptable and his agent proceeded with the application on this basis.
8. However, the Council later contacted Mr X and advised the application would be refused due to inaccurate plans. Mr X says the issues with the plans should have been noticed when his agent originally contacted the Council. He says the Council should compensate him for the additional costs he has incurred as a result.
9. Pre-application advice does not bind a council and councils cannot be expected to fully assess an application at the pre-application stage. It is also not the role of the case officer to act as the developer’s agent.
10. In this case, it is clear the Council’s advice was informal and not a guarantee the application would be approved or that further information would not be needed. It was also for Mr X and his agent to decide whether or not to take the advice. If Mr X did not agree with the Council’s view in relation to the plans, he could have chosen not to withdraw the application and appealed to the Planning Inspector if the Council then refused planning permission.
11. Mr X also could have appealed to the Planning Inspector if he disagreed with the Council’s decision to refuse his application to discharge a planning condition. I consider it would have been reasonable for Mr X to have used his appeal right and the Ombudsman will not usually investigate when someone had the right to appeal to the Planning Inspector.

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Final decision

12. We will not investigate Mr X’s complaint because we are unlikely to find fault in relation to the Council’s pre-application planning advice. Mr X also could have appealed to the Planning Inspector if he disagreed with the Council’s decision to refuse his planning application.

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Investigator's decision on behalf of the Ombudsman