The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant has appealed to the Planning Inspector.
The complaint
Ms X has complained about how the Council dealt with a breach of planning control and its decision to take enforcement action against her. Ms X says the enforcement action was unnecessary and heavy handed. Ms X says she has been caused significant distress and suffered financial losses, and the Council should compensate her.
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 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 Ms X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Ms X’s complaint about the Council’s decision to take enforcement action against her. This is because she has appealed to the Planning Inspector against the enforcement notice and the Ombudsman cannot investigate matters where someone has already used their appeal right.
I consider the issues Ms X has raised are related to the appeal and the Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal could not address all the issues complained about.
Final decision
We will not investigate Ms X’s complaint because she has appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman