Summary: We will not investigate this complaint about how the Council has dealt with breaches of planning control. This is because the complainants have used their right to appeal to the Planning Inspector.

The complaint

1. Mr X has complained on behalf of Mr and Mrs Y about how the Council has dealt with breaches of planning control and its decision to take enforcement action.

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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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. Mr X has complained about the Council’s decision to take enforcement action. He says the Council has refused to recognise information about the properties and it has made unjustified enforcement threats. Mr X says the Council has targeted Mr and Mrs Y and they have suffered significant stress and financial harm as a result.
8. The Ombudsman cannot investigate Mr and Mrs Y’s complaint about the Council’s decision to take enforcement action against them. This is because they have appealed to the Planning Inspector against the enforcement notices. The Ombudsman cannot investigate matters where someone has already used their appeal right.
9. Mr X has raised many concerns about the Council’s enforcement investigations. But the issues he has raised are related to the enforcement notices that 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.
10. Mr X says the Council took further enforcement action after Mr and Mrs Y made their complaint. However, the Council has a duty to investigate possible planning breaches and Mr and Mrs Y will have the right to appeal to the Inspector if the Council takes formal enforcement action. I consider it would be reasonable for Mr and Mrs Y to use their right to appeal.
11. Mr X has also complained about the advice the Council provided in relation to potential planning applications for the sites. However, the Council has explained why it would discourage Mr and Mrs Y from submitting the applications. Mr and Mrs Y could make a separate complaint if they decide to apply for planning permission and the Council uses its powers to decline to determine the application. They will also have appeal rights if planning permission is refused.

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Final decision

12. We will not investigate Mr and Mrs Y’s complaint because they have appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman