Summary: We will not investigate Mr and Mrs X’s complaint about planning enforcement. They have appealed the planning decision, and it would have been reasonable for them to appeal the planning enforcement notice. This means we do not have the power to consider their complaint.

The complaint

1. Mr and Mrs X complain the Council are pursuing enforcement action against an unauthorised loft conversion. They say the Council had previously told them they would be able to convert the loft.

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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 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 the complainants and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr and Mrs X constructed an unauthorised rear extension. A retrospective planning application was approved following the works but permitted development rights were removed.
9. Mr and Mrs X later started works on a loft conversion, including the installation of dormer windows. A retrospective planning application was submitted but the planning application was refused.
10. Mr and Mrs X appealed the Council’s decision to refuse the planning application to the Planning Inspector. The Planning Inspector decided to uphold the Council’s decision to refuse the planning application.
11. We cannot investigate the Council’s decision to refuse the planning application. We do not have the power to investigate matters considered by the Planning Inspector. Any administrative challenge to an appeal decision should be put to the Planning Inspector.
12. Following the appeal the Council served an enforcement notice requiring the removal of the unauthorised dormer windows.
13. Mr and Mrs X had a right to appeal the planning enforcement notice to the Planning Inspector. Mr and Mrs X did not exercise their right to appeal the enforcement notice. We will not investigate the planning enforcement notice. It would have been reasonable for Mr and Mrs X to use their right of appeal.

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Final decision

14. We will not investigate Mr and Mrs X’s complaint. They have appealed the planning decision, and it would have been reasonable for them to appeal the planning enforcement notice. This means we do not have the power to consider their complaint.

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Investigator's decision on behalf of the Ombudsman