Summary: We cannot investigate Ms X’s complaint about the Council’s planning and enforcement actions. Ms X has appealed to the planning inspector against the Council’s refusal to grant planning permission.

The complaint

1. Ms X complains the Council has refused planning permission and decided to take enforcement action on her unauthorised development. Ms X says the Council knew about the breach for a year before acting. She says it failed to assess the breach of planning control properly. She says the Council sent an enforcement letter telling her to restore the position during a covid-19 lockdown when to do work could have put her family at risk. Ms X says the Council has harmed her mental health.

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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)

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How I considered this complaint

4. I considered information provided by the Ms X and the Council’s complaint reply dated 8 April 2021. I have considered information on the Council’s planning website.

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My assessment

5. I cannot investigate this complaint for the following reasons:
6. The complaint is outside the Ombudsman’s jurisdiction (see paragraph 2 and 3 above). Ms X has used her right of appeal to the planning inspector against the refusal of planning permission. We cannot investigate the enforcement case or planning decisions.
7. There is no injustice which can be separated from the planning case. The Council refused planning permission in 2020. The Council says officers supported planning approval but the planning committee decided to refuse. It says it was an error of judgement to write to Ms X threatening enforcement. The Council says it will not take enforcement action before the outcome of the appeal to the planning inspector.

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Final decision

8. The Ombudsman cannot investigate Ms X’s complaint about the Council’s planning and enforcement actions. Ms X has appealed to the planning inspector against the Council’s refusal to grant planning permission.

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Investigator's decision on behalf of the Ombudsman