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

The complaint

1. Ms X has complained about how the Council dealt with a breach of planning control and its decision to take enforcement action against her.

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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 Ms X and the Ombudsman’s Assessment Code.

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My assessment

6. Ms X could have appealed to the Planning Inspector if she disagreed with the Council’s decision to take formal enforcement action against her.
7. Ms X has raised many concerns about the Council’s enforcement investigation. But I consider that the issues raised are related to the Council’s decision to issue the enforcement notice which could have been appealed. I consider it would have been reasonable for Ms X to have used her right to appeal. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not have addressed all the issues complained about.
8. Ms X has also complained about the actions of a Council officer and says they did not disclose a conflict of interest. However, the Council has confirmed the officer Ms X referred to had no involvement with her case and did not have access to the enforcement records.

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Final decision

9. We will not investigate Ms X’s complaint because she had the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman