Summary: This complaint concerns the Council’s issuing of a planning enforcement notice. We will not investigate as the complainant had a right to appeal to the Planning Inspector.

The complaint

1. The complainant, I shall refer to as Mrs D, complains about the Council’s issuing of a planning enforcement notice and subsequent action. This happened after her former husband, I shall call Mr E, carried out unauthorised work on a property they jointly own.

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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. 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 considered the information provided by Mrs D and the Council.

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What I found

6. Mrs D says she co-owns a property with Mr E. She says Mr E advised her he would be enlarging the windows. Ms D says she did not consent to the work, however Mr E carried out the work anyway.
7. The Council contacted Mrs D advising it had received a complaint about the unauthorised work. She says she told the Council she was not responsible, and they should contact Mr E.
8. The Council advised Mrs D joint owners are all responsible. It subsequently served an enforcement notice on the property owners.
9. Mrs D says the Council was not sympathetic to her situation and serving the enforcement notice was excessive.
10. If Mrs D believed the Council’s actions were excessive, she could have appealed to the Planning Inspector.

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Final decision

11. I will not investigate this complaint. Mrs D could have exercised her right to appeal to the Planning Inspector if she believed the enforcement notice was unnecessary.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman