Summary: We cannot investigate Miss X’s complaint about the Council’s issue of a planning enforcement notice. This is because Miss X has used her right of appeal to the Planning Inspectorate.

The complaint

1. The complainant, Miss X, complains the Council did not work with her to resolve a planning enforcement issue and instead issued her a planning enforcement notice. She says this caused her stress and she wants the Council to withdraw the enforcement notice and work with her to try to find a solution. She has also appealed against the enforcement notice.

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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.

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How I considered this complaint

5. I considered information provided by Miss X and the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate this complaint. This is because Miss X has used her right of appeal against the planning enforcement notice and we have no discretion to investigate a complaint of maladministration concerning the same matter.

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Investigator's decision on behalf of the Ombudsman