The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to serve a planning Enforcement Notice on the complainant. This is because he has appealed to the Planning Inspector.
The complaint
Mr X complains about the Council’s actions leading to its issuing an 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.
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), 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because he has exercised his right to appeal against the Enforcement Notice.
Investigator's decision on behalf of the Ombudsman