Summary: We will not investigate this complaint about the Council’s enforcement action against a breach of planning control at Ms X’s home. We have not seen enough evidence of fault in the Council’s actions to justify an investigation. Also we will not investigate Ms X’s complaint about the way the Council dealt with her retrospective planning application. The law prevents us from considering this part of her complaint as Ms X has already appealed to the Planning Inspectorate.

The complaint

1. Ms X complains about the Council’s decision to take enforcement action against a breach of planning control at her home.
2. She also complains about the way the Council dealt with the retrospective planning application and the application for listed building consent.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Ms X lives in a Grade two listed building. During routine maintenance, Ms X says she discovered the chimney was in a dangerous condition. Concerned for the safety of her family and of others using a nearby footpath, she says she instructed her builder to remove the chimney.
9. The Council received a report that Ms X had carried out work to her home without listed building consent.
10. An enforcement officer visited Ms X’s home. Following the visit the Council issued a notice requiring Ms X to stop all work on her property. It also advised her to apply for retrospective planning permission and listed building consent for the work.
11. I understand Ms X is not happy with the Council’s requirement for her to stop work until planning permission and listed building consent was granted. I also understand the impact of having a temporary roof covering on her home, particularly over the winter months.
12. However, the Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether Ms X disagrees with the decision the organisation made.
13. I have considered the steps the organisation took when it received a report of a breach of planning control at Ms X’s home. It appears it followed the steps we would expect to see before deciding to require Ms X to stop work and put in retrospective applications. I therefore cannot question whether that decision was right or wrong.
14. Ms X also complains about the way the Council dealt with her retrospective planning and listed building consent applications. However, Ms X has appealed to the Planning Inspectorate about the Council’s decisions to refuse her applications. The issues she raises are related to the matters that have 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.

Back to top

Final decision

15. We will not investigate Ms X’s complaint because there is not enough evidence of fault in the way the Council decided to require her to stop unauthorised work on her home to justify an investigation.
16. Also, we cannot investigate her concerns about the way the Council processed her planning and listed building consent applications because Ms X has appealed to the Planning Inspectorate.

Back to top

Investigator's decision on behalf of the Ombudsman