The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control or the complainant’s retrospective planning application. This is because the complainant has already appealed to the Planning Inspector against the Council’s decision to refuse planning permission. The complainant can also appeal if the Council decides to take enforcement action against him.
The complaint
The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with a breach of planning control and his retrospective planning application. Mr X says the Council’s building control officer told him to build the extension in a different location to the approved plans. He also says the Council has failed to work with him to find a solution and instead threatens to take enforcement action.
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 Mr X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Mr X’s complaint about how the Council dealt with his application to vary the approved plans for his extension or its decision to refuse planning permission. This is because he has appealed to the Planning Inspector and the Ombudsman cannot investigate matters where someone has already used their appeal right.
Mr X can also appeal to the Inspector if the Council decides to take enforcement action against him and issues an enforcement notice. I consider it would be reasonable for Mr X to use this appeal right and the Ombudsman will not usually investigate when someone can appeal to the Planning Inspector.
I understand Mr X’s concerns also relate to how the application and enforcement investigation have been handled by the Council. But these issues are related to matters that have been, or could be, appealed. The Ombudsman will not investigate when someone can appeal to the Planning Inspector, even if the appeal will not address all the issues complained about.
Final decision
We will not investigate Mr X’s complaint as he has already appealed to the Planning Inspector against the Council’s decision to refuse his planning application. Mr X can also appeal if the Council decides to take formal enforcement action.
Investigator's decision on behalf of the Ombudsman