Summary: We will not investigate this complaint about the Council’s threat of planning enforcement action as there is a right of appeal to a Planning Inspector.

The complaint

1. Ms X erected a fence on the border of a highway and the Council has threated to take enforcement action to remove it.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X erected a fence on her boundary because she says her tenant was suffering from anti-social behaviour. However, the Council investigated and say that the fence requires planning permission (which they say is unlikely to be given) and so they have threatened to serve an enforcement notice upon her to remove the fence.
7. Any such notice will provide a right of appeal to a Planning Inspector. The Planning Inspectorate is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.

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Investigator's decision on behalf of the Ombudsman