Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant has the right to appeal to the planning Inspector.

The complaint

1. Mr X has complained about how the Council dealt with a breach of planning control. Mr X believes he has been singled out by the Council and says new windows have been installed at other properties in the area. Mr X says he has been threatened with prosecution and been told he needs to pay for unnecessary work to avoid this.

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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. 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)
4. 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.

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How I considered this complaint

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

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My assessment

7. Mr X is unhappy with how the Council dealt with the planning breach and says he has been discouraged from applying for planning permission to regularise the unauthorised development. However, the Council has a duty to investigate potential planning breaches. The Council has advised Mr X on the likely success of a retrospective application. But it is his decision if he applies for planning permission and he will have the right to appeal to the Planning Inspector if permission is refused.
8. Mr X is unhappy with the work the Council has said would be required to make the development acceptable. But Mr X can choose not to carry out this work. He will have the right to appeal to the Planning Inspector if the Council decides to take formal action and issues Mr X with an enforcement notice.
9. I consider it would be reasonable for Mr X to use his right to appeal. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.

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Final decision

10. We will not investigate Mr X’s complaint because he has the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman