Summary: We will not investigate this complaint about the Council’s decisions to take enforcement action against a breach of planning control at Mr X’s home. Mr X has already appealed to the Planning Inspector and the law says we cannot investigate a complaint if someone has appealed to a government minister.

The complaint

1. Mr X complains the Council targeted him and took enforcement actions against breaches of planning control at his home. He says it allowed other breaches of planning control where he lives to remain.

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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)

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How I considered this complaint

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

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My assessment

6. Mr X says the Council discriminated against him. He says it unfairly targeted him by serving an Enforcement Notice against a breach of planning control at his home. He says it did not act against breaches of planning control at other properties in his area.
7. However, Mr X has already appealed to the Planning Inspector against the notice. We cannot investigate when someone has appealed to the Planning Inspector, even if the appeal did not address all the issues complained about.

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Final decision

8. We will not investigate Mr X’s complaint because he has already appealed against the enforcement notice.

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Investigator's decision on behalf of the Ombudsman