Summary: We cannot investigate Mr B’s complaint about a planning enforcement notice. This is because Mr B used his right of appeal to the planning inspector.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council issued him with a planning enforcement notice which required him to demolish an outbuilding he built. Mr B says the Council issued the notice without giving him enough time to comply with the Council’s earlier instruction to lower the roof and plant hedges. Mr B would like the Council to give him time to make the changes the Council had asked him to make before it told him to demolish the outbuilding.

Back to top

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. (Local Government Act 1974, section 26(6)(b), as amended)
4. The Planning Inspector acts on behalf of a government minister. The Planning Inspector considers appeals about planning enforcement notices.

Back to top

How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr B put in an appeal to the planning inspector against the enforcement notice. This provided Mr B with a remedy against the Council’s decision to issue the notice because the planning inspector has the power to cancel or vary the notice. Because Mr B used his right of appeal this means we have no discretion to investigate his complaint.

Back to top

Final decision

8. We cannot investigate Mr B’s complaint because he has appealed to the planning inspector.

Back to top

Investigator's decision on behalf of the Ombudsman