Summary: We will not investigate this complaint about the Council’s decision to take planning enforcement action against Mr X. Mr X has a right of appeal to the Planning Inspector which it is reasonable to expect him to use.

The complaint

1. Mr X complained about the Council’s decision to take planning enforcement action against him, and the Council’s complaint handling about the matter.
2. Mr X said this caused distress.
3. Mr X wants the Council to apologise, properly consider his complaint and review its processes.

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The Ombudsman’s role and powers

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 a planning enforcement notice.

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How I considered this complaint

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

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My assessment

8. Mr X complained the Council decided to take enforcement action about his boundary treatment. Mr X said there is a similar development at a nearby property that did not need planning permission and is not subject to enforcement action.
9. Government guidance says: “Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.” (National Planning Policy Framework December 2024, paragraph 60)
10. We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
11. 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.
12. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue.

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Final decision

13. We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman