Summary: We will not investigate Ms X’s complaint the Council pursued planning enforcement action against her causing distress over six years. We cannot lawfully investigate because Ms X used a right of appeal to the planning inspector against the enforcement notice. It is reasonable for her to use or have used other rights of appeal which are available regarding such matters as the certificate of lawful development.

The complaint

1. Ms X complains the Council has pursued a planning enforcement case against her for six years. Ms X says the Council failed to assess the evidence properly and served an enforcement notice. She says it delayed two years in dealing with a certificate of lawful development. Ms X says she has had six years of distress and anxiety, legal costs, building costs, time and trouble. She wants the Council to quash the enforcement notice, pay compensation, and improve practice.

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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. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

5. I have considered Ms X’s information and comments. I have considered our previous decision dated 4 June 2018 (reference 18 002 086)

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My assessment

6. I will not investigate Ms X’s complaint for the following reasons:
7. A complaint about an enforcement notice or delay in granting a certificate of lawful development (CLD) is outside the Ombudsman’s jurisdiction because there is an appeal right to the planning inspector (see paragraphs 2 and 3 above). This includes delay over 8 weeks in determining a CLD application.
8. I consider it reasonable for Ms X to use or have used her appeal rights. The planning inspector has the power to change the Council’s decision.
9. In 2018 we decided the Ombudsman could not lawfully investigate because Ms X had used her right of appeal to the planning inspector (paragraph 4 above). The appeal was refused.

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Final decision

10. The Ombudsman will not investigate Ms X’s complaint the Council has pursued planning enforcement action against her causing distress over six years. We cannot lawfully investigate because Ms X used a right of appeal to the planning inspector against the enforcement notice. It is reasonable for her to use other rights of appeal such are available regarding the certificate of lawful development.

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Investigator's decision on behalf of the Ombudsman