The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s pre-planning application and planning services. There is not enough evidence of fault in the Council’s actions. Also, the complainant can appeal to the Planning Inspector if the Council fails to determine his planning application with the statutory timeframe.
The complaint
The complainant, I shall call Mr X, says the Council: failed to arrange the site visit he paid for unnecessarily delayed the pre-application process rarely provided advice; and failed to tell him about the general delay in processing planning applications
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b)) 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
Mr X applied for pre-planning application advice. The Council says he stated on the application form that the site was visible from public vantage points. Also, he did not advise that notice would be needed to access the property.
A planning officer visited the site but could not gain access. She arranged to visit the site again a few weeks later. The Council also confirms: it has not charged Mr X for a following meeting to discuss his application Mr X did not seek information about the possible lawful use of the property; and Mr X did not ask for advice on advertisement consent From the information I have seen there is insufficient evidence of fault in the way the council provided pre-planning application advice.
If the Council fails to determine Mr X’s planning application within the statutory timeframe it is reasonable to expect him to use this right of appeal to the Planning Inspectorate.
Final decision
We will not investigate Mr X’s complaint because: We have not seen enough evidence of fault in the Council’s actions to warrant our involvement.
Mr X can appeal to the Planning Inspector if the Council is late in deciding his planning application.
Investigator's decision on behalf of the Ombudsman