Summary: We cannot investigate Mr X’s complaint alleging the Council demolished his access driveway. This is because Mr X has used his legal appeal rights to the Planning Inspector and because the matter has been to court.

The complaint

1. Mr X complains about the Council demolishing the access driveway to his land.
2. Mr X says he lacks safe access and has suffered financial loss. He wants the driveway restored.

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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. 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:

• a planning enforcement notice.

6. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

7. I considered information provided by the complainant which includes the Council’s response.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. If a planning enforcement notice has not been complied with, the Council has the power to take direct action to secure compliance with the Notice.
10. Mr X complains about what happened after he was served with a Planning Enforcement Notice by the Council. The matter escalated - after the Council decided Mr X had not been complied with the Notice – with the Council taking direct action to demolish his driveway access.
11. The planning enforcement notice carried legal appeal rights. Mr X made use of these appeal rights by appealing to the Planning Inspectorate. Mr X’s appeal was dismissed. Therefore, the notice remained in force, and the Council was entitled to consider taking direct action.
12. We cannot investigate. This is because once Mr X appealed we have no remit to consider any matters arising from the serving of the Notice. I appreciate Mr X says he is raising new matters however these remain in connection with these matters so we cannot investigate any related issues.
13. There is also another reason we cannot investigate. It appears the matter has been considered in court. This also places the complaint outside of our jurisdiction and we cannot investigate.

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Final decision

14. We cannot investigate Mr X ’s complaint because Mr X used his appeal rights and because the matter has been considered in court.

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Investigator's decision on behalf of the Ombudsman