Summary: Mr X complains about planning enforcement by the Council against him. We will not investigate this complaint because there was a right of appeal to a Planning Inspector.

The complaint

1. Mr X complains about planning enforcement by the Council against 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))
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant had an opportunity to comment on my draft decision.

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My assessment

7. Mr X says that the Council acted unfairly in taking planning enforcement action against him for dust nuisance.
8. Any dispute about the service of an Enforcement Notice could be appealed to a Planning Inspector and so the matter is out of jurisdiction.
9. The Council advised Mr X that he had not built in accordance with planning permission. Mr X then carried out remedial works and submitted a retrospective planning application to authorise the building. The Council granted planning permission.
10. The Ombudsman will not investigate the complaint about the Enforcement Notice for the reasons given above.
11. There is no injustice caused to Mr X by the decision to approve his retrospective planning application. Any dispute would, in any event, be a matter for the Planning Inspector.
12. Any boundary dispute is a private matter and not for the Council or the Ombudsman.

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Final decision

13. I do not intend to investigate this complaint because the matter could be appealed to a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman