The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal of Mrs B’s planning applications and its decision to issue an enforcement notice. This is because it was reasonable for Mrs B to put in an appeal to the Planning Inspector.
The complaint
The complainant, who I will refer to as Mrs B, complains the Council unfairly refused her planning applications but has granted planning permission for similar developments nearby. Mrs B says a Council planning officer lied at committee meetings to influence committee members. Mrs B also says the Council unfairly issued her with an enforcement notice which will leave her and her husband homeless. Mrs B would like the Council to allow them to live on the land they purchased.
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 Act 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.
How I considered this complaint
I considered information provided by Mrs B and planning records available online.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B had a right of appeal to the Planning Inspector against each decision to refuse planning permission made by the Council. Mrs B also had a right of appeal to the Planning Inspector against the Council’s decision to issue an enforcement notice.
This was the appropriate route to challenge the Council’s decisions to refuse planning permission and issue an enforcement notice. The Planning Inspector would have considered whether the Council’s decisions were justified. Also, the Planning Inspector has the power to overturn these decisions made by the Council.
I find it was reasonable for Mrs B to appeal to the Planning Inspector to try to obtain the planning permission she seeks and to stop the Council taking enforcement action. I recognise this was a stressful period for Mrs B and her husband, but they could have used an agent to put in the appeal if they felt unable to do this at the time.
It is not the role of the Ombudsman to provide an alternative right of appeal. So, we will not investigate this complaint.
Final decision
We will not investigate Mrs B’s complaint because it was reasonable for her to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman