Summary: The Ombudsman cannot investigate this complaint about the Council’s decision to take enforcement action for a breach of planning control. This is because the complainant has used their right of appeal to the planning inspector.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with a breach of planning control.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I have considered Mr X’s complaint and the information from the Council. I invited Mr X to comment on a draft of this decision.

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What I found

Planning enforcement

5. Planning authorities may take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the Council to decide if there has been a breach of planning control and what, if any, enforcement action is necessary.

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What happened

6. Mr X was granted planning permission to extend his property. In 2018, the Council started an enforcement investigation as it said Mr X had raised the ground levels behind his home and built a retaining wall without permission. The Council issued a planning enforcement notice requiring Mr X to remove the retaining wall and the deposited hard core and waste materials from the site.
7. Mr X did not agree with the Council’s decision to take formal enforcement action and appealed to the Planning Inspector. His appeal was dismissed, and the notice upheld.
8. Mr X is unhappy with how the Council carried out its enforcement investigation. He does not agree that he was in breach of planning control. He also says the Council told him it would not take formal enforcement action and later refused to work with him so he could comply with the notice.

Assessment

9. The Ombudsman cannot investigate Mr X’s complaint about the enforcement action the Council took against him for a breach of planning control. This is because Mr X has already appealed to the Planning Inspector against the enforcement notice and the Ombudsman cannot investigate matters where someone has already used their appeal right.
10. understand Mr X says the Council refused to work with him so he could ensure he complied with the notice. However, the Council has now met with Mr X and agreed plans to resolve the breach of planning control. Therefore, it is unlikely I could say the Council is at fault in this regard.

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Final decision

11. The Ombudsman cannot investigate his complaint about the Council’s decision to take enforcement action. This is because Mr X has used his right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman