The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s decision to serve an enforcement notice. This is because Mrs C has appealed to the Planning Inspector.
The complaint
The complainant, who I will refer to as Mrs C, complains that the Council wrongly issued a planning enforcement notice which requires the demolition of a building she built with her husband. Mrs C says the Council did not negotiate with them before issuing the notice and could have issued a stop notice during construction works. Mrs C says the demolition of their home will result in her family being made homeless. Mrs C would like the Council to review its decision to issue the enforcement notice.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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.
How I considered this complaint
I considered information provided by Mrs C.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs C put in an appeal to the Planning Inspector against the enforcement notice issued by the Council.
The Planning Inspector considered Mrs C’s representations against the enforcement notice. These representations included the way in which the Council communicated with her before the enforcement notice was issued and the impact of the demolition on her family.
It is not our role to provide a further appeal or question the decision made by the Planning Inspector.
Because Mrs C used her right of appeal to the Planning Inspector we have no discretion to investigate the issue Mrs C complains about.
Final decision
We cannot investigate Mrs C’s complaint because she appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman