Summary: We cannot investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant has appealed to the Planning Inspector.

The complaint

1. Mrs X has complained about how the Council dealt with a breach of planning control and its decision to take enforcement action against her. She says there were long delays and it failed to properly communicate or negotiate with her. Mrs X also says the Council did not acknowledge the health concerns she raised or the impact its actions were having on her mental health.

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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. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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 Mrs X and the Ombudsman’s Assessment Code.

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My assessment

6. The Ombudsman cannot investigate Mrs X’s complaint about the Council’s decision to take enforcement action against her. This is because she has appealed to the Planning Inspector against the enforcement notice and the Ombudsman cannot investigate matters where someone has already used their appeal right.
7. I understand Mrs X’s complaint also relates to the Council’s enforcement investigation. But the enforcement investigation is related to the matter which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.

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Final decision

8. We cannot investigate Mrs X’s complaint because she has appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman