The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to take enforcement action against the complainant for a breach of planning control. This is because the complainant had the right to appeal to the Planning Inspector. We cannot investigate the complainant’s concerns about the Council’s decision to start legal proceedings against him.
The complaint
The complainant, whom I shall refer to as Mr X, has complained about the Council’s decision to take enforcement action against him for a breach of planning control. Mr X says planning permission was not needed for the works and the Council failed to properly communicate with him or allow additional time to comply with the enforcement notice. Mr X says he has now complied with the notice, but the Council is continuing to pursue the matter through the courts.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X could have appealed to the Planning Inspector if he disagreed with the Council’s decision to take enforcement action against him.
I consider it would have been reasonable for Mr X to have used his right to appeal.
The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.
Mr X has also complained about the Council’s decision to start legal proceedings and says he has now complied with the enforcement notice. However, the Ombudsman cannot investigate matters relating to the start of court proceedings and if Mr X believes he has complied with the notice he can dispute this in court.
Final decision
We will not investigate Mr X’s complaint because he could have appealed to the Planning Inspector against the enforcement notice. We cannot investigate Mr X’s complaint about the Council’s decision to start court proceedings.
Investigator's decision on behalf of the Ombudsman