Summary: We will not investigate this complaint about the enforcement action the Council has taken against the complainant for a breach of planning control. This is because the complainant has already appealed to the Planning Inspector. He can also appeal against the Council’s decision to refuse his application for a Certificate of Lawful Development. The complainant’s concerns about compliance with the enforcement notice are better dealt with by the courts.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about the enforcement action the Council has taken against him. He says the Council has not acted proportionately and failed to properly consider his concerns.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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))
4. 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)
5. 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.

6. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

7. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

8. Mr X has complained about the Council’s decision to take enforcement action. However, Mr X appealed to the Planning Inspector against the enforcement notice and the Ombudsman cannot investigate when someone has used their right to appeal to the Inspector.
9. The Council says Mr X has not complied with the enforcement notice and has threatened to prosecute him. I understand Mr X disagrees and says he has met the requirements of the notice. However, the Ombudsman cannot investigate any complaint relating to the start of court proceedings and if Mr X believes he has complied with the notice he can dispute this in court, if prosecuted.
10. Mr X has also raised concerns about how the Council dealt with his application for a Certificate of Lawful Development. However, Mr X can appeal to the Planning Inspector if he disagrees with the Council’s decision to refuse his application. I consider it would be reasonable for Mr X to use his appeal right and the Ombudsman will not usually investigate when someone has a right to appeal to the Inspector.

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Final decision

11. We will not investigate Mr X’s complaint because he has already appealed to the Planning Inspector against the enforcement notice. He can also appeal if he disagrees with the Council’s decision to refuse his application for a Certificate of Lawful Development. Mr X’s concerns about compliance with the enforcement notice are better dealt with by the courts.

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Investigator's decision on behalf of the Ombudsman