Summary: We will not investigate Mr X’s complaint about the Council’s handling of planning matters at his property. It would be reasonable for Mr X to use his rights of appeal to the Planning Inspector against any planning decision he is unhappy about.

The complaint

1. Mr X complained the Council began enforcement action against his development based on inaccurate information, and led to him making a planning application he considers unnecessary.
2. Mr X said this caused him to suffer significant financial loss.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

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

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My assessment

7. Mr X said the Council relied on inaccurate information when deciding to take enforcement action against his development. He said it did so despite him having prior planning approval. Mr X made a further application because he says the Council ‘forced’ him to do this.
8. It is the responsibility of a property owner to ensure they have the correct planning authorisation for any development they wish to carry out, and to ensure any development complies in all material respects with the permission they have. If they do not, a council as local planning authority may investigate and decide to take formal enforcement action.
9. In this case, the Council said Mr X’s development did not match with the approved plans. It issued an enforcement notice to Mr X with conditions attached. It had also set out Mr X’s other options including to make a further application. That does not, however, amount to it forcing Mr X to make an application.
10. 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; and
• a planning enforcement notice.

11. Mr X has the right of appeal to the Planning Inspector and it would be reasonable for him to use it. It is free to appeal, and only the Inspector can decide whether
    Mr X or the Council is correct about the planning status of the development; the Ombudsman cannot. I note the Council did not inform him of his right to appeal in its enforcement notice. However, Mr X said he was supported by a planning agent and solicitor who should reasonably have been aware of his rights of appeal so the Council’s omission was not material.

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Final decision

12. We will not investigate Mr X’s complaint because he has a right of appeal to the Planning Inspector and it would be reasonable for him to use it.

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Investigator's decision on behalf of the Ombudsman