Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant has appealed to the Planning Inspector.

The complaint

1. Ms X has complained about how the Council dealt with a breach of planning control and its decision to take enforcement action against her.

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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)
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.

5. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman cannot investigate Ms X’s complaint about the Council’s decision to take enforcement action against her. This is because she has appealed to the Planning Inspector against the enforcement notice issued by the Council and the Ombudsman cannot investigate matters where someone has already used their appeal right.
8. I understand Ms X has raised many concerns about the Council’s enforcement investigation. But these issues are related to the enforcement notice which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector. This is the case even if the appeal would not, or could not, address all the issues complained about.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman