The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint about a planning enforcement notice. This is because Mr B appealed to the Planning Inspector. The courts are in the best position to decide whether Mr B has complied with the requirements of the notice.
The complaint
Mr B complains the Council wrongly issued him with a planning enforcement notice which required him to remove a structure he had added to his property. Mr B also says the Council has recently asked him to remove further items which he says are not part of the structure which the enforcement notice required him to remove.
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)
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B put in an appeal to the Planning Inspector against the enforcement notice issued by the Council. This means we cannot investigate his complaint about the Council’s decision to issue this enforcement notice.
There is a disagreement between Mr B and the Council about whether he has fully complied with the requirements of this enforcement notice. This is not a matter we will investigate. If the Council pursues this matter further it will take Mr B to court. The courts are in the best position to decide whether a person has complied with the requirements of a planning enforcement notice.
Final decision
We cannot investigate Mr B’s complaint about this enforcement notice because he appealed to the Planning Inspector. The courts are in the best position to decide if Mr B has complied with the requirements of the notice.
Investigator's decision on behalf of the Ombudsman