Summary: We will not investigate Mr B’s complaint about a planning enforcement notice. This is because it was reasonable for Mr B to put in an appeal to the Planning Inspector.

The complaint

1. The complainant, who I will refer to as Mr B, complains the Council wrongly issued him with a planning enforcement notice requiring him to remove a fire escape door and railing. Mr B says another property nearby has the same door and railing and he put the railing up to keep his family safe. Mr B would like the Council to withdraw the enforcement notice, apologise, and pay him compensation.

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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 Act 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), as amended)
4. 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

5. I considered information provided by Mr B and planning records available on the Council website.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint.
8. Mr B had a right of appeal to the Planning Inspector against the enforcement notice issued by the Council. If Mr B wanted to challenge the notice this was the correct process to use.
9. Mr B says he put in an appeal to the Council and did not get a response. But, an appeal against a planning enforcement notice must be made to the Planning Inspector, not the local planning authority.
10. I find it was reasonable for Mr B to use this right of appeal.
11. Unlike the Ombudsman, the Planning Inspector has the power to vary or overturn a planning enforcement notice. Also, the Council correctly told Mr B in the enforcement notice and covering letter about this right of appeal to the Planning Inspector. The Council also told Mr B how to put in an appeal.

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Final decision

12. We will not investigate Mr B’s complaint because it was reasonable for him to put in an appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman