Summary: We cannot investigate Dr B’s complaint about a planning enforcement notice. This is because Dr B put in an appeal to the Planning Inspector.

The complaint

1. Dr B complains the Council wrongly took planning enforcement action against him about a fence at his property. Dr B says the Council: did not assess the situation objectively; got factual matters wrong; and, did not give proper consideration to his views. Dr B also says the Council has acted unfairly because there are other unauthorised fences in the area. Dr B would like the Council to: apologise; reimburse his costs; and, review how enforcement decisions are made.

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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 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

5. I considered information provided by Dr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Dr B put in an appeal to the Planning Inspector against the enforcement notice issued by the Council. The Planning Inspector dismissed Dr B’s appeal and upheld the enforcement notice.
8. Because Dr B used this right of appeal, this means we cannot investigate his complaint and have no discretion to start an investigation.

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Final decision

9. We cannot investigate Dr B’s complaint because he put in an appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman