Summary: Mr X complains about the Council’s decision to serve a planning notice on his land. We will not investigate this complaint because he has a right of appeal to a magistrate’s court.

The complaint

1. Mr X complains about the Council’s decision to serve a planning notice on his land.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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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 says that it was unreasonable for a Planning Officer to visit his house and serve a s215 Planning notice on his land (which required that he tidy the garden). Mr X says that he could not use the local Tip to dispose of his possessions from the garden.
5. Any dispute about the serving of such a notice can be appealed to a magistrate’s court. I see no reason why such an appeal could be made and so the complaint is out of jurisdiction.

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Final decision

6. I do not intend to investigate this complaint because the matter could be appealed to a court.

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Investigator's decision on behalf of the Ombudsman