Summary: We will not investigate this complaint about the Council taking planning enforcement action over a breach of planning conditions attached to Mr X’s planning approval. The matter is currently subject to proceedings in the magistrates court and is outside our jurisdiction.

The complaint

1. Mr X complained about the Council taking enforcement action against him for a breach of a planning condition attached to a planning approval in 2017. He says a planning officer involved in the case knows his former partner and will not be impartial.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X received a planning enforcement notice for a breach of a planning condition in January 2020. He says the Council’s action is unreasonable because the case officer knows his former partner and he will not receive fair treatment as a result.
6. The Council has taken the matter to the magistrates court and the case is currently adjourned. It has confirmed to Mr X that the officer mentioned will have no involvement with the enforcement even though it does not consider there is any conflict of interests.
7. We cannot investigate complaints about matters which have been subject to the start of court proceedings.

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Final decision

8. We will not investigate this complaint about the Council taking planning enforcement action over a breach of planning conditions attached to Mr X’s planning approval. The matter is currently subject to proceedings in the magistrates court and is outside our jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman