Summary: We will not investigate this complaint about the planning advice the Council gave the complainant and its decision to take enforcement action. This is because the complainant has appealed to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

The complaint

1. Ms X has complained that the Council incorrectly told her she did not need planning permission. Ms X says she acted on this advice and incurred significant costs converting her garage to use for a business. The Council has since said planning permission was needed to change the use of the property and has taken enforcement action in relation to the breach.

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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. 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman cannot investigate Ms X’s complaint about the Council’s decision to take enforcement action. This is because she has appealed to the Planning Inspector against the enforcement notice and the Ombudsman cannot investigate matters where someone has already used their appeal right.
8. Ms X has raised concerns about the Council’s enforcement investigation and says it initially incorrectly told her there had not been a breach. However, the Council’s enforcement investigation is related to the matter which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.
9. Ms X has also complained about the advice she was given by the Council. Ms X says she called the Council to ask if she needed permission for the development and was told this was not necessary. Ms X says she relied on this advice and has incurred significant costs as a result. The Council says it has no record of this conversation. While I do not know what was discussed when Ms X spoke to the Council, any advice would have been informal and based on the information available. The Council is not bound by the pre-application advice it provides and the only way to get a definitive view regarding the need for planning permission would be to apply for a Certificate of Lawfulness of Proposed Use or Development.

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Final decision

10. We will not investigate Ms X’s complaint because she has appealed to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman