Cornwall Council (25 015 434)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 20 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to remove an enforcement notice on Mr X’s property. Mr X appealed to the Planning Inspector against the notice, although many years ago. He also confirms the courts have considered the matter. The law says we cannot investigate complaints about matters which have been appealed and/or considered by the courts.
The complaint
- Mr X complains the Council refuses to remove an enforcement notice on his property issued 20 years ago.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains the Council refuses to remove an Enforcement Notice served on his property in 2006. He says it has not acted to enforce the Notice and should now remove it.
- Mr X confirmed he appealed to the Planning Inspector against the Enforcement Notice. His appeal was dismissed in 2006.
- The law says the Ombudsman cannot investigate matters which have been the subject to an appeal to a Government Minister. The Planning Inspector acts on behalf of a Government Minister.
- Mr X also confirmed the matter was subject to court involvement in 2011. The law says we cannot investigate matters which have been subject to court action.
Final decision
- We will not investigate Mr X’s complaint because the law says we cannot investigate a complaint about a matter which has been subject to appeal and/or considered by the courts.
Investigator's decision on behalf of the Ombudsman