Aylesbury Vale District Council (19 013 758)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 21 Jan 2020
The Ombudsman's final decision:
Summary: Ms X complains that the Council has unreasonably threatened planning enforcement action against her for her use of her land. The Ombudsman will not investigate this complaint because any enforcement notice can be appealed to a Planning Inspector.
The complaint
- Ms X complains that the Council has unreasonably threatened planning enforcement action against her for her use of her land.
The Ombudsman’s role and powers
- 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))
- The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector can consider appeals about a planning enforcement notice.
How I considered this complaint
- I have considered the complainant’s comments and the Council responses. The complainant has had an opportunity to comment on the draft decision.
What I found
- Ms X owns a field upon which she has placed structures which the Council says is not acceptable in planning terms. She was advised to submit a planning application to regularise the development but this planning application was declared invalid.
- The planning enforcement process we expect is as follows. We expect councils to consider allegations and decide what, if any, investigation is necessary. If the council decides there is a breach of control, it must consider what harm is caused to the public before deciding how to react. Providing the council is aware of its powers and follows this process, it is free to make its own judgement on how or whether to act.
- Government guidance says formal enforcement action should be the last resort and councils are encouraged to resolve issues through negotiation and dialogue with developers.
- The question of whether Ms X’s development of the field is acceptable is a matter for the planning process.
- Any formal enforcement notice carries with it a right of appeal to a Planning Inspector. I see no reason why such an appeal could not be used if the notice is served.
Investigator's decision on behalf of the Ombudsman