Summary: We cannot investigate Mrs X’s complaint about the Council’s service of a planning enforcement notice regarding a structure on her land, and later court action to enforce the structure’s removal. Mrs X used her Planning Inspectorate appeal right against the Council’s planning enforcement notice which means we cannot investigate. We also cannot investigate the start of the legal action against her, including what happened in court during that action.

The complaint

1. Mrs X installed a structure on her land which she was satisfied did not require full planning permission. She complains the Council:
1. wrongfully served an enforcement notice on her in relation to the structure;
2. failed to provide appropriate updates and communications as part of its court action seeking the removal of the structure;
3. has refused to take any action now that she provided evidence the structure was not permanent.

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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). The Inspectorate 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.

4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

5. I considered information from Mrs X and the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X used her appeal right at the Planning Inspectorate to challenge the Council’s planning enforcement notice. The Inspectorate dismissed the appeal. By law we cannot investigate where someone has had and used their Planning Inspectorate appeal right. This is irrespective of the outcome. We cannot change, go behind or overturn any Inspectorate decision.
7. If Mrs X considers she now has evidence which could change the appeal decision, she would have to pursue this with the Inspectorate because it was the decision-maker.
8. Mrs X says the Council did not follow the correct process to inform her of its intention to take her to court, to enforce the removal of the structure. She says officers told the court hearing that she had been advised of the legal action, which she disputes. This issue was part of the court process and hearing. The law does not allow us to investigate a complaint about the start of court action or about what happened in court. We have no powers to go behind or overturn a court decision. These limitations on our powers apply here and we cannot investigate.
9. If the court had been satisfied Mrs X’s case was not properly administered, unfairly disadvantaging her, then it could have taken steps to resolve this. The court ultimately made its decision. If Mrs X considers it was wrong, she would have to refer that matter back to the court as the decision-maker.
10. Mrs X says the Council has refused to act now she has provided evidence the structure she installed was not permanent. The planning and enforcement matters ended with the Planning Inspectorate appeal and court’s decisions. There is no ongoing matter which has not been decided by those two bodies, both of which are outside our jurisdiction. We would not consider it wrong for a council to not take action on matters which have been decided by the Inspectorate and court. As explained above, if Mrs X considers either decision was wrong, then these are the bodies she would need to approach to change them, not the Council.

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Final decision

11. We cannot investigate Mrs X’s complaint because:
• she used her Planning Inspectorate appeal right against the Council’s planning enforcement notice; and
• we cannot investigate the start of the Council’s legal enforcement action against her nor anything that happened in court during that action.

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Investigator's decision on behalf of the Ombudsman