The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s pre-planning application advice. The Council’s apology and refund of the pre planning advice application fee is an acceptable remedy to the complaint.
The complaint
Mr X complains the Council delayed and then provided an wrong response to his request for pre-planning application advice. He says the planning officer told them to put in a full planning application. However, the Council refused the application.
Mr X says the Council should not have advised him to put in the application. He wants the Council to refund him £648 which was the cost of the refused planning application.
The Ombudsman’s role and powers
If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Planning guidance says pre-application advice provided by the local planning authority cannot pre-empt the democratic decision-making process or a particular outcome when a planning application is made. However, the advice can be a material consideration and given weight in the planning application process.
Mr X paid £367 for planning advice on changes to his home.
Following a delay, Mr X says the planning officer told him to continue with a planning application.
Mr X put in a planning application which cost £648. However, the application was refused.
Mr X changed his plans and put in a new application at further cost. This was approved.
The Council accepts there was a delay in dealing with the request for pre application advice. However it says it has no record of telling Mr X to put in with an application. In recognition of the delay it has refunded the £367 fee.
I consider this is an acceptable remedy to the complaint.
I accept that Mr X incurred added expenses when he put in the first planning application and believes he should not have been told to apply. However, pre-planning application advice is not binding. The only way to test this is to proceed with the planning application and appeal to a Planning Inspector if unsuccessful. Instead Mr X changed the proposal and made a new application.
Final decision
We will not investigate Mr X’s complaint because we consider the Council’s refund of the pre planning application advice fee is a suitable remedy to his complaint.
Investigator's decision on behalf of the Ombudsman