Summary: We will not investigate this complaint about how the Council dealt with the complainant’s pre-application planning advice request or the Council’s decision to refuse planning permission. This is because it is unlikely an investigation would add to the Council’s response. The complainant has also used their right to appeal to the Planning Inspector.

The complaint

1. Mr X has complained about how the Council dealt with his pre-application planning advice request. Mr X says there were long delays and the advice he received was inadequate and incomplete. Mr X says this led to his planning application being refused.

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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. 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)
4. We investigate 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 continue an investigation if we decide:

• we could not add to any previous investigation by the council, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because he has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right.
7. Mr X has also complained about the pre-application planning advice he received from the Council. He says there were long delays and the advice he received was inadequate and incomplete. The Council has accepted there were issues with the pre-application advice service it provided. It has apologised and offered to refund the advice fee. I consider this a suitable remedy in the circumstances, and it is unlikely an investigation by the Ombudsman would add to this response or achieve anything more for Mr X.

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Final decision

8. We will not investigate Mr X’s complaint because it is unlikely an investigation would add to the Council’s response or achieve anything more for Mr X. Mr X has also used his right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman