The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s prior approval application or retrospective planning application. This is because the complainant can appeal to the Planning Inspector if the Council issues an enforcement notice. The complainant has also already appealed against the Council’s decision to refuse planning permission.
The complaint
The complainant, whom I shall refer to as Mrs X, has complained about how the Council dealt with her prior approval application and retrospective planning application. Mrs X says the Council has given her contradictory advice and she will suffer financial loss as a result.
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 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 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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X does not agree her extension is unauthorised. She says she applied to the Council for prior approval and was told prior approval was not required. Mrs X also says the building of the extension was supervised by the Council and no concerns were raised.
However, the inspections Mrs X has referred to were carried out by the Council’s building control officers. Building regulation approval is separate to planning approval and compliance with building regulations does not mean the works have the required planning permission.
If Mrs X does not agree her extension is unauthorised, she can appeal to the Planning Inspector if the Council takes formal enforcement action and issues an enforcement notice. I consider it would be reasonable for Mrs X to use her right to appeal and the Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal will not address all the issues complained about.
Mrs X says the Council should approve her application to retain the extension. But Mrs X has already appealed to the Planning Inspector about the Council’s decision to refuse her application. The Ombudsman cannot investigate matters where someone has already used their appeal right.
Final decision
We will not investigate Mrs X’s complaint because she can appeal to the Planning Inspector if the Council takes formal enforcement action. We cannot investigate the Council’s decision to refuse her retrospective application as she has already used her right of appeal.
Investigator's decision on behalf of the Ombudsman