Isle of Wight Council (23 018 890)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 04 Apr 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council charging more for drafting a variation on a planning permission than was suggested in its pre-application advice. There is not enough evidence of fault to justify an investigation.
The complaint
- Mr X complains the Council charged him £350 more for work that it originally suggested in its pre-planning application advice. He wants a refund of the advice fee and compensation for the difference between the amount suggested in the advice and the fee charged.
The Ombudsman’s role and powers
- 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 there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X sought pre-application advice from the Council. It advised the fee for redrafting a variation of a planning condition is usually £150.
- The Council confirms the actual cost of the work was more than £900. However, it charged Mr X £500. Mr X complains he was advised that a fee for drafting a variation is usually £150. However, he had to pay £500.
- Pre-application advice provided by councils is not binding. The Council advised the fee is “usually £150”. The advice provided by the Council is not a quote for a service or a contract. In recognition of the difference between the suggested amount and the actual cost, the Council says it will make it clearer in future advice that the cost of input from legal services will be borne by the applicant.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s action to justify an investigation.
Investigator's decision on behalf of the Ombudsman