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. Ms X has complained about how the Council dealt with a possible breach of planning control. She says the Council did not properly communicate with her or discuss the issue before threatening to take enforcement action.

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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 Ms X and the Ombudsman’s Assessment Code.

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My assessment

6. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action.
7. In this case, the Council wrote to Ms X and said the fence erected did not comply with permitted development rights. It invited Ms X to resolve the planning breach by either reducing the height of the fence or removing the unauthorised development.
8. Ms X believes she is allowed to erect a fence at the front of her property and says the Council has not taken enforcement action against her neighbour who has put up a similar fence. However, if Ms X does not agree there has been a breach or that the fence should be removed, she can decide not to comply with the Council’s request and appeal to the Planning Inspector if the Council decides to issue an enforcement notice.
9. I consider it would be reasonable for Ms X to use her right of appeal. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector.

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Final decision

10. We will not investigate Ms X’s complaint because she has the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman