Summary: We will not investigate this complaint about planning enforcement because there is a right of appeal to a Planning Inspector.

The complaint

1. Mr X complains that the Council’s decision to take planning enforcement action against him for development work he carried out.

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The Ombudsman’s role and powers

2. 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)
3. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about a planning enforcement notice.

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How I considered this complaint

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

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My assessment

6. Mr X built a two-storey extension to his house. The Council says that this was built without planning permission. Mr X argues that it is permitted development.
7. Not all development needs planning permission from local planning authorities. Certain developments are deemed permitted, providing they fall within limits set within regulations. This type of development is known as ‘permitted development’.
8. Some permitted development proposals need an application so the council can decide whether it can or should control certain parts of the development, such as design and materials issues or access to the highway. These applications are known as ‘prior notification’ applications.
9. Any dispute about planning enforcement can be appealed to a Planning Inspector. The Planning Inspector is an independent body. I see no reason why such an appeal could not be made in this case.

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Final decision

10. We will not investigate Mr X’s complaint because there is a right of appeal to a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman