The Ombudsman's final decision
Summary: We will not investigate Mr C’s complaint about the Council not giving him enough time to put right unauthorised changes to his property. This is because it is reasonable for Mr C to put in an appeal to the Planning Inspector if the Council issues him with an enforcement notice.
The complaint
Mr C complains the Council is threatening planning enforcement action and setting an unfair deadline for him to make changes to his property to put right unauthorised building work. Mr C says he has planning permission for the required works which gives him three years to start this work. But, the Council says he must undertake the work soon or it will issue an 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.
The Act 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 Mr C and have viewed planning records online.
I considered the Ombudsman’s Assessment Code.
My assessment
If the Council pursues this matter further it will issue Mr C with an enforcement notice. This will require Mr C to undertake the required works by a deadline.
Mr C will have a right of appeal to the Planning Inspector against the enforcement notice. Mr C may rely on the statutory ground of appeal that the compliance period is too short.
This is the appropriate route to challenge a decision by a local planning authority to take enforcement action.
I find it is reasonable for Mr C to put in an appeal to the Planning Inspector. The Planning Inspector is in the best position to decide the disagreement between the Council and Mr C about the time Mr C should be allowed to make the required changes to his property.
Also, unlike the Ombudsman, the Planning Inspector has the power to vary or cancel the requirements of an enforcement notice. Mr C may also put in a claim for his appeal costs if he considers the Council has acted unreasonably.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr C’s complaint because it is reasonable for him to put in an appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman