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

The complaint

1. The complainant, whom I shall refer to as Dr B, has complained about the advice he received from the Council regarding the installation of replacement windows at his property. Dr B says he contacted the Council to ensure permission was not needed before the new windows were fitted. However, he has since been told the windows are unauthorised.

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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), 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 Dr B and the Ombudsman’s Assessment Code.

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My assessment

6. Dr B does not agree the new windows are harmful to the area and says similar windows have been fitted in other nearby properties. However, if Dr B does not agree the development is unauthorised, he can decide to take no action and appeal to the Planning Inspector if the Council issues an enforcement notice. Dr B can also apply for planning permission to regularise the situation or for a certificate of lawful development if he believes planning permission is not needed. Dr B would then have a right to appeal to the Planning Inspector if the Council refused the applications.
7. I consider it would be reasonable for Dr B to use his right of appeal. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.

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Final decision

8. We will not investigate Dr B’s complaint because he has the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman