Summary: Ms X complains that the Council will not withdraw two planning Enforcement Notices against her. The Ombudsman will not investigate this complaint because there was a right of appeal to a Planning Inspector and the notices have now expired so nothing further would be achieved by investigation.

The complaint

1. Ms X complains that the Council will not withdraw two Enforcement Notices against her.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

4. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• a planning enforcement notice.

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How I considered this complaint

5. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

6. Ms X’s listed building was destroyed in a fire in 2018. The Council served Enforcement Notices against her requiring her to rebuild as a copy of the original building (which she argued was not possible). She says that she only appealed one of the four notices (by mistake).
7. She won her appeal but says that the Council will not withdraw the other notices which she argues are not valid.
8. The Council says that the notices expired in July 2020.
9. Any dispute about the validity of an Enforcement Notice was a matter for the Planning Inspector. Nevertheless, the other notices have now expired and so nothing could be achieved by investigation.
10. I appreciate that the existence of the notices since the Planning Inspector’s decision affected her progress in rebuilding the property, but she could have appealed all the notices at the time to avoid that issue.

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Final decision

11. I do not intend to investigate this complaint because an appeal to a Planning Inspector was possible to resolve the issue and the notices have now expired.
     

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Investigator's decision on behalf of the Ombudsman