The Ombudsman's final decision
Summary: We will not investigate this complaint about planning enforcement because there is a right of appeal to a Planning Inspector.
The complaint
Mr X complains that the Council unreasonably refused his planning application to increase the height of his wall and then took enforcement action against him.
The Ombudsman’s role and powers
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) 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that he built up the height of a wall then applied for planning permission for the work. The Council refused the planning application and served an enforcement notice upon him. He says that the Council has ignored his communications about the matter.
Any dispute about a planning application refusal or the service of an enforcement notice can be appealed to a Planning Inspector. The Planning Inspectorate is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Final decision
We will not investigate Mr X’s complaint because he could appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman