Summary: We will not investigate this complaint about planning enforcement notices. Mr X used his right to appeal to a government minister, and as such we have no jurisdiction to investigate the matter.

The complaint

1. Mr X complained the Council wrongly issued him enforcement notices relating to his property, meaning he had to defend himself to the Planning Inspector. He says the Council deliberately lied, and its actions caused him inconvenience and financial detriment.

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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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council wrongly issued him with enforcement notices, based on deliberate lies. Planning enforcement notices bring with them a right of appeal to the Planning Inspector. Mr X used this right, which was appropriate, and where somebody has used their right of appeal we cannot also consider the matter. We could not say the Council had made deliberate errors in its enforcement notices. It was for the Planning Inspector, not the Ombudsman, to consider the Council’s reasons for taking the action it did.

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Final decision

7. We will not investigate Mr X’s complaint because he used his right of appeal.

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Investigator's decision on behalf of the Ombudsman