Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control or its decision to register the complainant’s property as an Asset of Community Value. This is because the complainant had the right to appeal.

The complaint

1. Mr X has complained about how the Council dealt with a breach of planning control and its decision to register his property as an Asset of Community Value.

Back to top

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 has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to take enforcement action against him. This is because he appealed to the Planning Inspector and the Ombudsman cannot investigate matters where someone has already used their appeal right.
8. Mr X has also complained about the Council’s enforcement investigation. However, the issues Mr X has complained about are related to the matters which have been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.
9. Mr X has complained about the Council’s decision to register his property as an Asset of Community Value. However, if Mr X disagreed with the decision, he could have asked the Council to review the decision and then appealed to a tribunal in the General Regulatory Chamber. I consider it would have been reasonable for Mr X to have used his right to appeal, and the Ombudsman will not usually investigate when someone had the right to appeal.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector. Mr X could have also appealed if he disagreed with the Council’s decision to register his property as an Asset of Community Value.

Back to top

Investigator's decision on behalf of the Ombudsman