Summary: Ms X complains about the way the Council has dealt with her planning applications and an enforcement issue. The Ombudsman will not investigate this complaint because these are matters for appeal to a Planning Inspector.

The complaint

1. Ms X complains about the way the Council has dealt with her planning applications and an enforcement issue.

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The Ombudsman’s role and powers

2. 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))
3. 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

4. I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,

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What I found

5. Ms X obtained planning permission to extend her home in August 2018. Following a complaint by a neighbour the Council investigated to see if the property had been built in accordance with approved plans.
6. A Planning Officer visited and concluded that the roof had been built higher than that approved. The Council asked Ms X to submit a planning application to regularise the development, which she did.
7. Ms X is unhappy with the way the Council investigated the enforcement complaint and says that it was made by an employee of the Planning Office.
8. The Council says that the complaint was made by a Planning Officer who lived nearby but the Planning Officer had not involvement in the planning application or enforcement decision.
9. 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.
10. Ms X is unhappy about the time taken to deal with her planning application.
11. Any decision about enforcement, time taken or the merits of a planning application are matters which can be appealed to a Planning Inspector. The Planning Inspector is an expert whose decisions are binding on the Council. I see no reason why such appeals could not be made. Costs could be sought if it could be shown that the Council had acted unreasonably.

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Final decision

12. I will not investigate this complaint because there was a right of appeal to a Planning Inspector in each case.

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Investigator's decision on behalf of the Ombudsman