Colchester City Council (18 018 308)

Category : Planning > Enforcement

Decision : Closed after initial enquiries

Decision date : 30 Mar 2019

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s enforcement actions requiring the removal of a fence. The complaint is outside jurisdiction because of the use of a right of appeal to the planning inspector. Further action is appealable.

The complaint

  1. Mr X complains that the Council took enforcement action to remove a fence at a property he shares with his parents. He says the Council’s actions in forcing the removal of the fence, over two and more years, and visiting daily to check the work was done properly was bullying.
  2. Mr X complains the Council falsified documents relating to an enforcement notice requiring removal of a fence at the back of the property. He says the Council will not deal with a complaint about the matter. Mr X says the Council is threatening other action because it does not accept the planting of conifers to replace the removed fence.

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The Ombudsman’s role and powers

  1. 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)
  2. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:
  • delay
  • a decision to refuse planning permission
  • conditions placed on planning permission
  • a planning enforcement notice.
  1. 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))

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How I considered this complaint

  1. I have considered Mr X’s information and comments. The information includes the planning inspector’s decision, July 2018.

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What I found

  1. Mr X’s parents appealed the Council’s enforcement notice to the planning inspector. The notice required removal of the fence on the northern boundary which is next to the highway. The planning inspector refused the appeal, upholding the Council’s decision.

Analysis

  1. I will not investigate this complaint for the following reasons:
      1. The complaint about the enforcement notice appealed to the planning inspector, and related matters, is outside jurisdiction and cannot be investigated because Mr X’s parents used their right of appeal (see paragraph 3 above).
      2. If the Council has issued another enforcement notice there is a right of appeal to the planning inspector which puts the complaint outside jurisdiction (see paragraph 5 above).
      3. I consider it reasonable for Mr X and his parents to use their rights of appeal because the planning inspector has the power to quash an enforcement notice.
      4. If the dispute is about the merits of an enforcement notice decision the way to challenge it is by an appeal rather than a complaint procedure.

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Final decision

  1. The Ombudsman will not investigate Mr X’s complaint about the Council’s enforcement actions requiring the removal of a fence. The complaint is outside jurisdiction because of the use of a right of appeal to the planning inspector. Further action is appealable.

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Investigator's decision on behalf of the Ombudsman

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