Summary: We will not investigate this complaint about the Council giving misleading planning advice. The complainant had the right to appeal to the Planning Inspector against an Enforcement Notice. We consider it reasonable for the complainant to have used this right.

The complaint

1. Mrs X complains the Council gave her misleading and incorrect advice. She says she now must demolish her home.
2. She wants the Council to allow her to remedy the breach of planning control.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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

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

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My assessment

8. In 2016 the Council granted planning permission for Mrs X to demolish outbuildings and build a new house in a conservation area.
9. In 2018 she applied for permission to build a larger house. The Council refused this application.
10. Mrs X built an even larger property.
11. In 2024, the Council served an Enforcement Notice requiring Mrs X to demolish the house within one year.
12. Mrs X appealed to the Planning Inspector against the Council’s refusal of planning permission. The appeal was dismissed. In his decision the Planning Inspector says that it “appears” the original 2016 planning permission has been implemented.
13. However, the Council says that although the outbuildings were demolished, all work following that are unlawful. It considers the Enforcement Notice requiring the new house to be demolished stands.
14. Mrs X had the right to appeal against the Enforcement Notice. However, she did not. She was also represented by an agent who was aware of that right.
15. We will not usually investigate when someone had a right to appeal to the Planning Inspector.
16. I consider it reasonable to expect Mrs X to have used her right to appeal against the Enforcement Notice.

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Final decision

17. We will not investigate Mrs X’s complaint because she had the right to appeal against the Enforcement Notice.

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Investigator's decision on behalf of the Ombudsman