Summary: We will not investigate Mr X’s complaint about the Council’s decision to take enforcement action against his estate. The enforcement notice was served more than four years ago. Mr X’s complaint is late, and he also had a right to appeal to the Planning Inspector against the notice.

The complaint

1. Mr X complains the Council took enforcement action against a breach of planning control based on incorrect information. He says he has been fighting the Council on this matter for more than four years.

Back to top

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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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.

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Mr X says the Council served an Enforcement Notice against his estate more than four years ago. He says he has been fighting the Council on this matter since that time.
9. We normally expect people to complain to us within 12 months of them becoming aware of a problem. Mr X has been aware of the enforcement notice for four years.
10. We do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have seen no good reason why Mr X could not have complained to us much sooner about matters occurring more than 12 months before he complained to us.
11. Even if Mr X’s complaint was not late, we would not investigate this complaint because Mr X had the right to appeal against the Enforcement Notice to the Planning Inspector. We consider it reasonable to expect him to have used that right.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because it is late. And, even if the complaint were not late, we consider it is reasonable to expect Mr X to have exercised his right to appeal to the Planning Inspector.

Back to top

Investigator's decision on behalf of the Ombudsman