Summary: We will not investigate this complaint about how the Council dealt with a planning application and the pre-application planning advice it provided. This is because the complainant has appealed to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

The complaint

1. Mr X has complained about how the Council dealt with his planning application and the pre-application advice it provided. Mr X says he has been given contradictory advice and based its planning decision on out of date information. Mr X is also unhappy with how the Council dealt with his request for information.

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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. 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.

5. 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, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

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

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My assessment

7. 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.
8. Mr X has raised concerns about how the application was handled and assessed by the Council. But these matters are related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.
9. Mr X has complained about the pre-application advice he received from the Council and says he was told the application would be viewed favourably. He has also questioned whether permission was needed for the proposed changes to his home. However, councils are not bound by the pre-application advice they provide, and the advice given to Mr X would have been informal and based on the information available. Mr X also could have chosen to apply for a certificate of lawful development if he wanted a formal decision on the need for planning permission.
10. Mr X says he was told that he did not need permission to replace a damaged window at the property. However, the Council has explained why permission was not needed to replace the damaged window and Mr X can apply for a certificate of lawful development if he would like a formal view regarding the lawfulness of the new window.
11. Mr X has complained about how the Council dealt with his request for information. However, he can complain to the Information Commissioner’s Office if he is concerned about how the Council responded to his information request as this is the appropriate body to consider complaints about these matters.

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Final decision

12. We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman