Summary: We will not investigate this complaint about planning advice because he appealed to a Planning Inspector and the matter was remedied.

The complaint

1. Mr X complains that the Council did not provide planning advice despite making a payment for this service.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
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. 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.

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says that he paid for pre planning application advice but never received the service. The Council determined the planning application and refused it. A Planning Inspector upheld that decision on appeal.
8. The Council says that they had no record of the pre planning application advice request but has repaid the sum following evidence provided by Mr X.
9. I consider that the repayment of the sum is a remedy to this complaint. If Mr X had wanted the advice at the time he should have made his complaint prior to the submission of the planning application. It would be too late to provide any such remedy and an appeal was made to the Planning Inspector so the merit of the planning application is out of jurisdiction.

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Final decision

10. We will not investigate Mr X’s complaint because it was appealed to a Planning Inspector and the matter has been remedied.

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Investigator's decision on behalf of the Ombudsman