Summary: We will not investigate this complaint about planning enforcement as there is a right of appeal to a Planning Inspector and the injustice is not sufficient to warrant investigation.

The complaint

1. Mr X complains that the Council advised him to remove items from his land as the Council believed there were in breach of planning law.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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 the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X owns land on which he received an enforcement enquiry from the Council. The Council asked about items in a workshop. Mr X says that the Enforcement Officer may be biased and the enquiry unjustified.
8. Any enforcement notice by a Council can be appealed to a Planning Inspector. The Planning Inspectorate is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
9. We do not consider that the injustice from the enquiry is in itself significant injustice to warrant investigation.

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Final decision

10. We will not investigate Mr X’s complaint because he could appeal to a Planning Inspector and the injustice is not sufficient to warrant investigation.

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Investigator's decision on behalf of the Ombudsman