Summary: We will not investigate this complaint about the Council’s enforcement investigation. This is because the complainant has rights of appeal to the Planning Inspector.

The complaint

1. Mr X complains the Council imposed an unreasonable deadline for compliance with planning enforcement action based on incorrect information.
2. He wants an apology and reimbursement for costs he has incurred.

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The Ombudsman’s role and powers

3. 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)
4. 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.

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complains the Council set an unreasonable deadline to comply with an Enforcement Notice.
8. Mr X had a right of appeal to the Planning Inspector against the Enforcement Notice. I consider it was reasonable to expect Mr X to have used this right to appeal. We will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal will not address all the issues complained about.
9. Mr X submitted an application for a Lawful Development Certificate to regularise the breach which led the Council to issue the Enforcement Notice. The application is still pending.
10. The Council, as local planning authority (LPA), must acknowledge receipt of an application for Lawful Development Certificate as soon as reasonably practicable. There is an eight-week period for determination (unless extended by agreement).
11. There is a statutory right of appeal to the Secretary of State against a refusal or deemed refusal because of non-determination. The Planning Inspector may award costs if either side has behaved unreasonably. It is reasonable to expect Mr X to use his right of appeal against the Council’s failure to determine the application for a Lawful Decision Certificate.

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Final decision

12. We will not investigate Mr X’s complaint because it is reasonable to expect him to have used his right of appeal against the Enforcement Notice. And it is reasonable to expect him to appeal against the Council’s failure to determine his application for a Lawful Development Certificate.

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Investigator's decision on behalf of the Ombudsman