Halton Borough Council (25 027 342)

Category : Planning > Planning applications

Decision : Closed after initial enquiries

Decision date : 01 Sep 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council seeking to reduce the scale of Ms X’s business operation from her home address. Ms X has an alternative remedy available by way of a right of appeal to the Planning Inspector against any enforcement notice, and against any refusal of planning permission.

The complaint

  1. Ms X says the Council failed to take a joined-up approach in a planning matter. She says the Council has harassed her and sought to impose an arbitrary limit on the scale of the business she operates at her premises.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)
  3. 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council considers the extent of Ms X’s business use of her premises amounts to a planning breach. She has the right to appeal to the Planning inspector against any planning enforcement notice the Council issues. She also has the right to make a planning application and to appeal to the Planning Inspector against any refusal of planning permission. While Ms X takes the view the matter goes wider than planning, it does not.

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Final decision

  1. We will not investigate Ms X’s complaint because she has an alternative remedy avai8lablee against any refusal of planning permission or enforcement notice issued by the Council by way of an appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman

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