Summary: Mr X complains about the Council’s decision to serve a planning enforcement notice upon him. The Ombudsman will not investigate this complaint because he had a right of appeal to a Planning Inspector.

The complaint

1. Mr X complains about the Council’s decision to serve a planning enforcement notice upon him.

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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))

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How I considered this complaint

3. I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

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What I found

4. Mr X runs a business from his property. He erected an outbuilding which the Council says has no planning authorisation. As a result, the Council issued a planning enforcement notice upon him in March 2020 requiring that he remove the outbuilding.
5. Mr X had a right of appeal to a Planning Inspector. The Planning Inspectorate is an expert body whose decisions are binding on the Council. I see no reason why an appeal could not be made in this case. The complaint is therefore out of jurisdiction.

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Final decision

6. I do not intend to investigate this complaint because there was a right of appeal to a Planning Inspector.
    

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Investigator's decision on behalf of the Ombudsman