London Borough of Lambeth (23 014 856)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 26 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about information provided by the Council which accompanied an Enforcement Notice. This is because the complainant had the right to appeal to the Planning Inspector.
The complaint
- Mr X is a planning agent. He complains for Ms Y. He says the advice the Council provided which accompanied an Enforcement Notice (served against a breach of planning control) was misleading.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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.
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the advice with the Enforcement Notice was misleading. However, the Council had advised Ms Y that if she had any questions about the Enforcement Notice she could contact the Council. However, she did not.
- I consider it would have been reasonable for Ms Y to have contacted the Council with any queries about the Enforcement Notice and ultimately, to have used her right to appeal. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not have addressed all the issues complained about.
Final decision
- We will not investigate Mr X’s complaint because Ms Y had a right to appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman