The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant had the right to appeal to the Planning Inspector.
The complaint
Mr X has complained about how the Council dealt with a breach of planning control. Mr X says the Council has treated him unfairly and says he has incurred additional costs because of the Council’s actions.
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 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 Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X has complained about how the Council dealt with a planning breach at his property. Mr X says he has been treated unfairly as he believes the breach was reported by someone who has a connection to the Council. He also says similar developments have been carried out at other properties in the area. But the Council has a duty to investigate possible planning breaches when they are reported.
If Mr X did not agree the development needed planning permission, he could have chosen not to take any action and appealed to the Planning Inspector if the Council issued an enforcement notice. I consider it would have been reasonable for Mr X to have used his right to appeal, and the Ombudsman will not usually investigate when someone has the right to appeal.
Mr X also could have submitted a retrospective planning application to regularise the development or applied for a lawful development certificate to confirm if planning permission was needed. Mr X would have had the right to appeal if the applications were refused.
Final decision
We will not investigate Mr X’s complaint because he had the right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman