Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant had the right to appeal to the Planning Inspector.

The complaint

1. Mr X has complained about how the Council dealt with a breach of planning control. He says he was forced to make an unnecessary planning application and incurred costs as a result.

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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 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)
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 X and the Ombudsman’s Assessment Code.

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My assessment

6. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action.
7. Mr X says the work he carried out to his home was permitted development and the Council’s actions in relation to his property contradicted its planning guidance. Mr X also says similar development has been carried out at other properties in the area without permission.
8. If Mr X believed the work was permitted development, he could have applied for a certificate of lawful development. Mr X could also have chosen not to apply for planning permission if he did not agree this was necessary and appealed to the Planning Inspector if the Council then decided to take formal enforcement action. I consider it would have been reasonable for Mr X to have used this appeal right. The Ombudsman will not usually investigate when someone has the right to appeal to the Planning Inspector.
9. Mr X has also complained about the Council’s complaint handling and says it did not properly communicate with him. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

10. We will not investigate Mr X’s complaint because he had the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman