Summary: We will not investigate this complaint about misleading planning advice and mistakes. We have seen not any reason why the complainant could not have contacted us on the part of the complaint concerning matters which occurred more than a year ago. This part of the complaint is late. Also, we cannot consider matters relating to planning applications where the complainant has appealed to the Planning Inspector. This applies even if the appeal does not address all the issues complained about.

The complaint

1. Ms X complains on behalf of her client, Mr Y.
2. Ms X says the Council made mistakes and gave misleading pre-planning application advice. She also says the Council has refused to meet to discuss proposals to find any available solutions.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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)

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X refers to multiple planning applications made by Mr Y.
9. One of the applications which was refused by the Council in March 2023. The law says a complaint must be made to the Ombudsman within 12 months of a person becoming aware of the issue. Mr X did not contact us until July 2024. Therefore the complaint is late. I have seen no reason why Mr X could not have complained to us much sooner. Therefore we will not investigate the part of the complaint concerning this application.
10. Mr X was given pre-application advice for two further planning applications. These applications were refused by the Council. Mr X appealed against these decisions.
11. The Ombudsman cannot investigate Ms X’s complaints about the planning applications refused by the Council where Mr Y has appealed to the Planning Inspector against decisions to refuse his applications.
12. I understand Ms X’s complaint relates to how the pre-application advice was given and the way the Council handled the applications. However, the Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal did not address all the issues complained about.
13. The final application detailed by Ms X was refused by the Council. The Council confirms Mr Y did not seek pre-application advice on the application. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.

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Final decision

14. We will not investigate Ms X’s complaint. The substantive issue is a failure to work with applicant at a pre-application stage. Pre-application planning advice is informal and non-binding. It does not therefore guarantee an application for planning permission will be successful, even if the advice is followed to the letter. But the test of what is acceptable in planning terms is to submit an application. Mr X has appealed the refused applications and the complaints about the service provided for these applications are outside our jurisdiction, even if the appeals do not cover all the issues being complained about.
15. Also, we have seen no reason why Mr Y could not have complained to us much sooner, once he was aware of the application that was refused in March 2023.

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Investigator's decision on behalf of the Ombudsman