Cornwall Council (23 011 352)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 07 Nov 2023
The Ombudsman's final decision:
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
- The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with a breach of planning control and the Council’s decision to take enforcement action against him.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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.
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to take enforcement action against him. This is because Mr X has appealed to the Planning Inspector and the Ombudsman cannot investigate matters where someone has already used their appeal right.
- I understand Mr X has raised many concerns about the Council’s enforcement investigation and the behaviour of the enforcement officers. Mr X says these matters will not be considered by the Planning Inspector. But these issues are related to the appeal and the Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.
Final decision
- We cannot investigate Mr X’s complaint because he has appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman