Summary: The Ombudsman cannot investigate this complaint about the Council taking discontinuance action against an advertisement. This is because the complainant has already submitted an appeal to the Planning Inspectorate, so the complaint is outside the Ombudsman’s jurisdiction.

The complaint

1. The complainant, whom I refer to as Mr B, complains about the Council’s decision to serve him with a discontinuance notice in relation to the display of an advertisement on the side of a building.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister, and can consider appeals against discontinuance notices. (Local Government Act 1974, section 26(6)(b), as amended)

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How I considered this complaint

3. I have considered:
• The complaint forms and associated supporting documents Mr B submitted to the Ombudsman;
• The Council’s Stage 2 complaint response;
4. I also gave Mr B the opportunity to comment on a draft version of this statement.

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What I found

Advertisement regulations

5. The display of advertisements is subject to a separate consent process within the planning system. This is principally set out in the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, referred to here as ‘the Regulations’.
6. There are 3 categories of advertisement consent:
• Those permitted without requiring either deemed or express consent from the local planning authority;
• Those which have deemed consent;
• Those which require the express consent of the local planning authority.
7. Schedule 3 of the Regulations details the advertisements which benefit from deemed consent, i.e. those which do not need express consent from the local planning authority, provided they comply with certain criteria/restrictions.
8. However, a local planning authority can serve a discontinuance notice, requiring that the display of a particular advertisement with deemed consent be discontinued, if it is satisfied that such action is necessary to remedy a substantial injury to the amenity of the locality or a danger to members of the public

Summary of what happened

9. The Council served Mr B with a discontinuance notice relating to the display of an advertisement on the side of a building, on the grounds that it caused substantial injury to the visual amenity of the surrounding area.
10. Mr B attempted to submit an appeal to the Planning Inspectorate, but it was rejected because it was late.

Assessment

11. The restriction detailed in paragraph 2 above applies to Mr B’s complaint. This is because he has already used his right of appeal to the Planning Inspector, albeit that it was rejected for being late.
12. The complaint is therefore outside the Ombudsman’s jurisdiction and cannot be considered

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Final decision

13. The Ombudsman cannot investigate Mr B’s complaint, because he has already submitted an appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman