Summary: We will not investigate this complaint about the Council’s decision to tell Ms X to remove fencing at her property. This is because she has a right of appeal to the Planning Inspector and there is no reason why she cannot use this if she is unhappy with the Council’s decision.

The complaint

1. Ms X complains the Council failed to notify her that she did not own part of the land next to her property when she purchased it. Ms X only became aware that she might not own the land when she put up a fence around it and was told to take it down. Ms X says she may not have purchased the property if she had known the land was not hers neither would she have put up the fence.

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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. 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.

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has told Ms X to take down the fence because it requires planning permission. The Council has not told Ms X to take down the fence because she does not own the land. Ms X has submitted a planning application to the Council and it has refused to grant planning permission because the fence obstructs views from the highway. Ms X has a right of appeal to the Planning Inspector there is no reason why she cannot use this if she is unhappy with the Council’s decision. Therefore, we cannot investigate this complaint.

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Final decision

8. We cannot investigate Ms X’s complaint because she has a right of appeal to the Planning Inspector and there is no reason why she cannot do so if she is unhappy with the Council’s decision.

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Investigator's decision on behalf of the Ombudsman