Summary: We will not investigate this complaint about how the Council dealt with breaches of planning control. This is because the complainant has appealed to the Planning Inspector.

The complaint

1. Mr X complains the Council have wrongly served an enforcement notice for a breach of planning control alleged at his property. He does not believe the development referred to amounts to a breach of planning control.

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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 the information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. The Council served an enforcement notice for a breach of planning control at Mr X’s property.
7. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to take enforcement action against him. This is because Mr X has appealed to the Planning Inspector. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.

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Final decision

8. We will not investigate this complaint. This is because Mr X has appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman