The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the Council’s issue of a planning enforcement notice. This is because Miss X has used her right of appeal to the Planning Inspectorate.
The complaint
The complainant, Miss X, complains the Council did not work with her to resolve a planning enforcement issue and instead issued her a planning enforcement notice. She says this caused her stress and she wants the Council to withdraw the enforcement notice and work with her to try to find a solution. She has also appealed against the enforcement notice.
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 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 Miss X and the Ombudsman’s Assessment Code.
Final decision
We cannot investigate this complaint. This is because Miss X has used her right of appeal against the planning enforcement notice and we have no discretion to investigate a complaint of maladministration concerning the same matter.
Investigator's decision on behalf of the Ombudsman