Summary: We cannot investigate Mr X’s complaint about the Council’s handling of his planning application. This is because his injustice stems from the decision to refuse the application and Mr X has used his right of appeal to the Planning Inspectorate.

The complaint

1. The complainant, Mr X, complains about the Council’s handling of his planning application. He says he sought pre-application advice from the Council and that the Council was positive about the proposal but it wrongly referred the case to its planning committee, which refused the application. He appealed against the Council’s decision but the Planning Inspectorate refused his appeal.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’.
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. 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.

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Pre-application advice is informal and non-binding. Council officers may suggest changes to a proposal to make it more acceptable but there is no guarantee a formal application for planning permission will be approved.
8. In any event, the injustice Mr X claims stems from the Council’s decision to refuse his application, rather than the pre-application advice it gave him. Mr X has appealed against this decision and we cannot therefore investigate it. We also cannot investigate whether the Council was correct to refer the case to its planning committee as Mr X argues this had a bearing on its refusal to grant him planning permission.

Back to top

Final decision

9. We cannot investigate this complaint. This is because the injustice Mr X claims stems from the Council’s decision to refuse his planning application and Mr X has appealed against the decision to the Planning Inspectorate.

Back to top

Investigator's decision on behalf of the Ombudsman