Summary: We will not investigate this complaint about planning enforcement because Mr X used his right of appeal to a Planning Inspector and any prosecution is a matter for the courts. Part of the complaint is also out of time.

The complaint

1. Mr X complains about the way the Council has sought to prosecute him for planning matters

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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:

• 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council served a planning enforcement notice upon Mr X in 2020 with compliance sought by December 2020.
9. Mr X had a right of appeal to a Planning Inspector against the enforcement notice. Further this complaint is also out of time as I see no reason why the matter could not have been made to the Council within 12 months.
10. Mr X complains about the way the Council proposed to prosecute him for non compliance by the use of a caution. A caution is a voluntary matter which a person does not have to accept. Further, Mr X was legally represented at the time. Any prosecution by the Council is a matter for the courts and not the Ombudsman.
11. Mr X made a planning application in 2021 for an extension which was refused. Mr X appealed unsuccessfully to the Planning Inspector. The Ombudsman cannot iv a complaint where a right of appeal to a Planning Inspector has been used.

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Investigator's decision on behalf of the Ombudsman