Summary: We cannot investigate Miss B’s complaint about the Council’s refusal of her planning application. This is because Miss B put in an appeal to the Planning Inspector.

The complaint

1. Miss B complains the Council wrongly refused her planning application for a boundary fence. Miss B also says the Council has not given her enough time to remove the fence or reduce its height, and has not considered her suggestions to adapt the appearance of the fence to meet the Council’s concerns.

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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. 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 Miss B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss B put in an appeal to the Planning Inspector against the Council’s refusal of her planning application. This means the restriction to our powers set out at paragraph 3 of this statement applies to this complaint.
8. We have no discretion to investigate Miss B’s complaint about the Council’s refusal of her planning application.
9. If the Council pursues this matter further it will take planning enforcement action against Miss B and serve an enforcement notice. This notice will set out what the Council considers Miss B needs to do to put right this breach of planning control and the timescale to do so.
10. Miss B may challenge the requirements of an enforcement notice by putting in an appeal to the Planning Inspector. We would generally expect this right of appeal to be used and I find it is reasonable for Miss B to do this.
11. So, we will not investigate this complaint.

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Final decision

12. We cannot investigate Miss B’s complaint about the Council’s refusal of her planning application because she put in an appeal to the Planning Inspector. If the Council takes enforcement action against Miss B it is reasonable for her to put in an appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman