Summary: We cannot investigate Mr B’s complaint about the Council’s refusal of his planning application because he appealed to the Planning Inspector. Also, it is reasonable for Mr B to put in an appeal to the Planning Inspector if the Council takes enforcement action.

The complaint

1. Mr B complains the Council wrongly refused his retrospective planning application for a wall he built. Mr B also complains the Council is now threatening planning enforcement action. Mr B says he has been treated unfairly because there are similar walls nearby which the Council has not taken action about.

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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), as amended)
4. We cannot investigate a complaint if someone has already appealed to 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 decision to refuse planning permission
• A planning enforcement notice.

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How I considered this complaint

6. I considered information provided by Mr B.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr B put in an appeal to the Planning Inspector against the Council’s refusal of his planning application to keep the wall he built. Because Mr B appealed to the Planning Inspector, this means we cannot investigate his complaint about the Council’s refusal of his planning application.
9. Mr B also complains the Council is now threatening planning enforcement action. If the Council issues Mr B with a planning enforcement notice, Mr B will have a right of appeal to the Planning Inspector.
10. I find it is reasonable for Mr B to use this right of appeal. The Planning Inspector is independent and, unlike the Ombudsman, has the power to vary or cancel the requirements of a planning enforcement notice.
11. So, we will not investigate Mr B’s complaint.

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Final decision

12. We cannot investigate the Council’s decision on Mr B’s planning application because he appealed to the Planning Inspector. It is reasonable for Mr B to put in an appeal to the Planning Inspector if the Council issues an enforcement notice.

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Investigator's decision on behalf of the Ombudsman