Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control and a possible statutory nuisance. This is because the complainant has appealed to the Planning Inspector. The complainant has also not suffered any significant injustice in relation to any alleged fault with how the Council investigated a possible statutory nuisance.

The complaint

1. Mrs X has complained about how the Council dealt with a breach of planning control and a possible statutory nuisance.

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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 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.

5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

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My assessment

7. 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.
8. I understand Mrs X has complained about the Council’s enforcement investigation. But this matter is related to the enforcement notice 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.
9. Mrs X has also complained about how the Council dealt with a possible statutory nuisance. She says there were long delays, and the Council did not properly communicate with her. However, the Council had a duty to investigate the possible noise nuisance. I also cannot say Mrs X suffered any significant injustice because of the Council’s handling of the matter as it ultimately decided there had not been a statutory nuisance.

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Final decision

10. We will not investigate Mrs X’s complaint because she has used her right to appeal to the Planning Inspector. Mrs X has not suffered any significant injustice in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman