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

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with a possible breach of planning control. Mr X says a different enforcement officer should have been assigned to the case due to a previous complaint he made about the officer’s conduct. Mr X says the Council failed to take the pre-application planning advice he received into account and the enforcement officer made unwarranted and unsubstantiated allegations.
2. Mr X is also unhappy with how the Council dealt with his complaint.

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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))
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
• a planning enforcement notice.

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How I considered this complaint

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

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My assessment

7. Mr X can appeal to the Planning Inspector if he is unhappy with the Council’s decision to take enforcement action against him. I understand his complaint also relates to the actions of the enforcement officer and the Council’s enforcement investigation. But these matters are related to the enforcement notice which can be appealed. 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 will not address all the issues complained about.
8. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the main issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

9. 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