The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with breaches of planning control. This is because the complainant has appealed to the Planning Inspector.
The complaint
Mr X complains the Council have wrongly served an enforcement notice for a breach of planning control alleged at his property. He does not believe the development referred to amounts to a breach of planning control.
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 the information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
The Council served an enforcement notice for a breach of planning control at Mr X’s property.
The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to take enforcement action against him. This is because Mr X has appealed to the Planning Inspector. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.
Final decision
We will not investigate this complaint. This is because Mr X has appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman