Summary: We will not investigate Mr X’s complaint that the Council treated him unfairly when making enforcement decisions in 2016/17. Mr X complains late and had a right of appeal to the planning inspector against the enforcement notice affecting his property.

The complaint

1. Mr X complains that in 2016/17 the Council took enforcement action against an extension he had built but did not take enforcement action against a neighbour’s extension which affected his amenity. Mr X also refers to a nearby property which had an unauthorised roof extension.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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))
4. 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

5. I have considered Mr X’s information and comments. The information includes the Council’s complaint replies from 2017.

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What I found

6. In 2016 the Council issued an enforcement notice against Mr X regarding the extension he had built including a timber framed structure and plastic roofing. The Council says the extension was harmful to the neighbour and the environment. It says Mr X did not appeal the notice and complied with it.
7. In March and May 2017, the Council wrote to Mr X and explained why it would not take enforcement action against his neighbour’s extension. The extension had planning permission but had been built 5 or 6cm deeper than allowed by the approved plans. Mr X told the Council the difference was 7cm. The Council said it was not expedient to enforce because there is no significant harm to amenity.
8. In 2016 the Council wrote to Mr X replying to his complaint about failure to enforce against vehicles breaking parking restrictions on his street.
9. In June 2017, the Council wrote to Mr X about another nearby property with an unauthorised roof extension. The planning inspector had upheld the Council’s decision to issue an enforcement notice requiring demolition of the roof conversion.
10. In 2017 the Council advised Mr X that it would not correspond further about his complaint which was taking up officer time. It advised him of his right to complain to the Ombudsman.

Analysis

11. I will not investigate Mr X’s complaints for the following reasons:
12. The complaints are outside jurisdiction because Mr X complains outside the permitted period of 12 months (see paragraph 2 above). Mr X complaints are late because they involve Council decisions in 2016 and 2017.
13. I will not exercise discretion to investigate because:
14. Mr X could have complained to this office sooner and was advised by the Council in 2017 that he could do so.
15. There is no injustice caused to Mr X by the Council’s enforcement decisions on the neighbouring properties in 2016 and 2017.
16. Mr X had a right of appeal against the enforcement notice issued on his own extension which places the complaint outside our jurisdiction (see paragraph 3 and 4). It was reasonable for Mr X to use his right of appeal because the planning inspector had the power to quash or change the enforcement notice.
17. Mr X has not complained to the Council about a recent matter. I have not seen evidence of an injustice within the last 12 months.

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Final decision

18. The Ombudsman will not investigate Mr X’s complaint that the Council treated him unfairly when making enforcement decisions in 2016/17. Mr X complains late and had a right of appeal to the planning inspector against the enforcement notice affecting his property.

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Investigator's decision on behalf of the Ombudsman