Summary: We cannot investigate this complaint about a planning enforcement notice. This is because Mr X has appealed to the Planning Inspector and so the law says we cannot investigate.

The complaint

1. Mr X complains the Council issued him with a planning enforcement notice. Mr X says the Council failed to consider other comparable developments in the area.
2. Mr X also complains the Council did not provide a satisfactory response to his complaint.
3. Mr X says the matter caused anxiety and uncertainty for his family.

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The Ombudsman’s role and powers

4. 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)
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; and
• A planning enforcement notice.

6. We will not usually investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), section 34B(8))

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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Final decision

9. We cannot investigate Mr X’s complaint because he has appealed to the Planning Inspector and his complaint is not separable from that appeal. The law says we cannot investigate.

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Investigator's decision on behalf of the Ombudsman