Summary: We will not investigate Mr B’s complaint about the Council asking him to remove cladding from his property. This is because it is reasonable for Mr B to put in an appeal to the Planning Inspector.

The complaint

1. Mr B says the Council has wrongly asked him to remove cladding from his property. Mr B says the Council has treated him unfairly because many other properties nearby have cladding which the Council has not asked to be removed. Mr B would like the Council to allow him to put in a retrospective planning application and grant planning permission.

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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. The Act 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)
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 Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate Mr B’s complaint.
8. The Council has told Mr B he may put in a retrospective planning application for this cladding.
9. If the Council refuses Mr B’s application or if the Council issues an enforcement notice requiring the cladding to be removed, Mr B may put in an appeal to the Planning Inspector. This is the route set out in law to challenge these planning decisions and we generally expect it to be used.
10. The Planning Inspector is independent and has the power to grant planning permission and cancel or vary the requirements of an enforcement notice. Also, a person may put in an application for their appeal costs if they consider the local planning authority has acted unreasonably and the appeal was avoidable.
11. I find it is reasonable for Mr B to put in an appeal to the Planning Inspector. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Mr B’s complaint because it is reasonable for him to put in an appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman