Basildon Borough Council (19 017 139)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 28 Feb 2020
The Ombudsman's final decision:
Summary: Mr X complained the Council served four planning enforcement notices relating to his development. We will not investigate this complaint. This is because Mr X had the right to appeal the notices to the Planning Inspectorate. It was reasonable for him to use those rights.
The complaint
- Mr X complained the Council served four planning enforcement notices relating to his development. He says the Council acted in a discriminatory and disproportionate way, and its actions caused him a loss of £50,000.
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 considers appeals about planning enforcement notices.
How I considered this complaint
- I considered the information Mr X provided when he complained.
- I gave Mr X the opportunity to comment on my draft decision.
What I found
- Mr X carried out development on a property under planning permission granted by the Council. It served four planning enforcement notices, which Mr X says caused delays to his development, and a financial loss of £50,000.
- Planning enforcement notices carry with them a right of appeal to the Planning Inspectorate. We do not have the same powers as the Planning Inspectorate. We cannot cancel enforcement notices or decide whether they were appropriate.
- We may decide to investigate such complaints if we consider it would be unreasonable to expect the person to appeal. There were no special circumstances in Mr X’s case that meant it was not reasonable for him to use his right of appeal.
Final decision
- The Ombudsman will not investigate this complaint. This is because Mr X had the right to appeal the planning enforcement notices to the Planning Inspectorate, and it was reasonable to expect him to have used those rights.
Investigator's decision on behalf of the Ombudsman