Summary: We will not investigate Mrs X’s complaint about the way the Council reached its decision on possible enforcement action for an alleged breach of planning control concerning her property. This is because any injustice stems from the decision itself and if Mrs X disagrees with any enforcement notice the Council issues, it would be reasonable for her to appeal to the Planning Inspectorate.

The complaint

1. The complainant, Mrs X, complains the Council made a decision on a planning enforcement matter at a committee meeting held in private. She says the Council has refused to release any details from the meeting and she is concerned about the possibility of the Council taking 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))
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 Mrs X and the Ombudsman’s Assessment Code.

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My assessment

6. Although Mrs X complains about the way in which the Council made its decision this issue carries no significant injustice which is separate from the decision it reached. If the Council decided not to take enforcement action then the fact it met in private would not affect Mrs X. If the Council decided to take enforcement action and Mrs X believes the decision was not properly reached, Mrs X may appeal.
7. It is unclear at what stage the Council’s enforcement case is currently but until the Council issues an enforcement notice Mrs X does not need to take any further action. Once it issues an enforcement notice, and if Mrs X believes the enforcement notice is flawed or the decision to issue it was not made properly, Mrs X may appeal to the Planning Inspectorate. The Planning Inspectorate is the appropriate body to decide disputes about the issue of enforcement notices and its decisions are binding on both parties.

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Final decision

8. We will not investigate this complaint. This is because the substantive issue concerns whether the Council is correct to take formal enforcement action against Mrs X and it would be reasonable for her to put the matter to the Planning Inspectorate as part of an appeal.

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Investigator's decision on behalf of the Ombudsman