Summary: We will not investigate this complaint about the way the Council dealt with a planning application and subsequent enforcement action. The complainant has appealed to the Planning Inspector and the complaint is therefore out of our jurisdiction.

The complaint

1. Mr X complains about the way the Council:
• considered his planning application
• pursued enforcement action; and
• dealt with his complaint.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by M X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complains about the way the Council considered his retrospective planning application leading to its decision to refuse planning permission. He also complains about the way the Council has pursued enforcement action against the subsequent breach of planning control at his home.
8. Mr X has appealed against the Council’s decision to refuse his planning application. The issues he raises are related to the matters 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.
9. The Council has confirmed it will pause enforcement action until the outcome of the appeal is known.
10. Mr X has also complained about the Council’s complaint handling. 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

11. We will not investigate Mr X ’s complaint about matters relating to the consideration of his planning application and pursuit of enforcement action. This because he has appealed to the Planning Inspector thereby taking these matters out of our jurisdiction.
12. We do not consider Mr X consider a significant personal injustice in the way the Council considered his complaint to justify an investigation into this point alone.

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Investigator's decision on behalf of the Ombudsman