Summary: We will not investigate this complaint about the Council’s enforcement investigation. This is because the complainant has a right of appeal to the Planning Inspector.

The complaint

1. Mr X has complained about the Council’s enforcement investigation. He disputes there has been a breach of planning control and says he has been harassed and bullied by the Council.

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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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. Mr X disagrees with the Council’s measurements and says the work he has carried out is permitted development and therefore he did not need to apply for planning permission. However, if Mr X does not agree there has been a breach of planning control, he can decide not to comply with the Council’s request to either remove or reduce the size of the development and then appeal to the Planning Inspector if the Council decides to issue an enforcement notice. I consider it will be reasonable for Mr X to use his right to appeal. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal will not address all the issues complained about.
7. Mr X can also apply to the Council for a certificate of lawfulness if he wants to formally test whether the work is permitted development. Mr X will have the right to appeal to the Planning Inspector if the application is refused.
8. Mr X has complained about how the Council has dealt with his complaint. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor issues such as complaint handling.

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Final decision

9. We will not investigate Mr X’s complaint because he has a right of appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman