The Ombudsman's final decision
Summary: We will not investigate this complaint about the planning advice the Council provided to the complainant. This is because we are unlikely to find fault.
The complaint
Ms X has complained about the planning advice she received from the Council. Ms X says the advice was misleading and she incurred unnecessary costs as a result.
The Ombudsman’s role and powers
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
Ms X contacted the Council’s duty officer to find out if planning permission was needed for changes she planned to her property. Ms X says she was told to apply for a lawful development certificate as the work was likely permitted development.
Ms X says she followed this advice, but her application was refused and she was told a full planning application was needed for the development. Ms X says the duty officer should have been aware she needed planning permission, and the Council should refund the fee she paid to apply for a lawful development certificate.
However, it is clear the duty officer’s advice was given informally, and the officer’s response said planning permission may be required in certain circumstances. The officer’s advice would have been based on the information available at the time. Pre-application advice is not a guarantee that any subsequent application will be approved, and councils are not bound by the advice provided. The only way to get a definitive view regarding the need for planning permission would be to apply for a lawful development certificate.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman