Summary: We cannot investigate Ms B’s complaint about a planning enforcement notice. This is because Ms B put in an appeal to the Planning Inspector.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council served her with a planning enforcement notice for replacing windows and a door at her home without listed building consent. Ms B says the new windows are similar to the windows in neighbouring properties that were installed by the Council. Ms B also says the Council has not replied to her correspondence or discussed her suggested solutions. Ms B says she cannot pay to replace the windows and door.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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 Ms B’s complaint form and her Planning Inspector appeal form.

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What I found

6. Ms B has put in an appeal to the Planning Inspector against the enforcement notice issued by the Council. Ms B may also put in a claim for costs to the Planning Inspector if she considers the Council has acted unreasonably.
7. Because Ms B has appealed to the Planning Inspector, we have no power to investigate her complaint.

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Final decision

8. We cannot investigate Ms B’s complaint because she has put in an appeal to the Planning Inspector.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman