The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s pre-application planning advice or its decision to refuse planning permission. This is because the complainant has appealed to the Planning Inspector.
The complaint
The complainant, whom I shall refer to as Mr X, has complained about the pre-application advice he received from the Council. Mr X says the Council’s initial advice was incorrect and misleading. Mr X submitted a planning application based on the Council’s advice and the application was refused. Following the refusal of the application, Mr X received further advice from the Council. Mr X says this advice contradicted the Council’s response to his first pre-application advice request. He says he has incurred unnecessary costs because of the Council’s actions.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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.
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application or the pre-application advice he received. This is because Mr X has already appealed to the Planning Inspector against the Council’s decision to refuse planning permission. The Council’s pre-application advice is connected to the planning decision and Mr X’s concerns about the advice were considered as part of his appeal. The Ombudsman cannot investigate matters where someone has already used their appeal right.
Final decision
We cannot investigate Mr X’s complaint because he has appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman