The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint about a planning enforcement notice. This is because Mr B used his right of appeal to the planning inspector.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council issued him with a planning enforcement notice which required him to demolish an outbuilding he built. Mr B says the Council issued the notice without giving him enough time to comply with the Council’s earlier instruction to lower the roof and plant hedges. Mr B would like the Council to give him time to make the changes the Council had asked him to make before it told him to demolish the outbuilding.
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. (Local Government Act 1974, section 26(6)(b), as amended) The Planning Inspector acts on behalf of a government minister. The Planning Inspector considers appeals about planning enforcement notices.
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B put in an appeal to the planning inspector against the enforcement notice. This provided Mr B with a remedy against the Council’s decision to issue the notice because the planning inspector has the power to cancel or vary the notice. Because Mr B used his right of appeal this means we have no discretion to investigate his complaint.
Final decision
We cannot investigate Mr B’s complaint because he has appealed to the planning inspector.
Investigator's decision on behalf of the Ombudsman