The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant has appealed to the Planning Inspector.
The complaint
The complainant, whom I shall refer to as Miss X, has complained about the Council’s decision to take enforcement action against her for a breach of planning control. The Council served an enforcement notice as the extension built was higher than it should be. Miss X says the development could not be built in line with the approved plans as the internal height of the extension would not be sufficient. Miss X says she was told on many occasions by the Council to continue with the build and it has admitted the extension could not have been built in any other way.
Miss X says she has been caused considerable distress because of the Council’s actions. She also says she has suffered financial losses and is living in unsuitable conditions.
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 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.
How I considered this complaint
I considered information provided by Miss X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Miss X’s complaint about the Council’s decision to take enforcement action. This is because she has appealed to the Planning Inspector against the enforcement notice and the Ombudsman cannot investigate matters where someone has already used their appeal right.
Miss X says the Council told her the extension could not have been built any other way and allowed her to continue with the building work. She says she is being blamed for the Council’s mistake. However, these matters are related to the enforcement notice which was appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal did not address all the issues complained about.
I understand a building control officer from the Council may have visited the site while the extension was being constructed. But building control is separate from planning approval and enforcement. Compliance with building regulations is not a guarantee that a development will be acceptable in planning terms or that enforcement action will not be taken.
Final decision
We cannot investigate Miss X’s complaint because she has already appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman