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

The complaint

1. Ms X has complained about how the Council has dealt with her planning application 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 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)
5. 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

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 refuse her planning application. This is because she has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right.
8. Ms X has also complained about the Council’s decision to take enforcement action against her. However, Ms X can appeal to the Planning Inspector against the enforcement notice. I consider it would be reasonable for Ms X to use her right to appeal. The Ombudsman will not usually investigate when someone has a right to appeal.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman