Summary: We cannot investigate Mr X’s complaint about a planning enforcement notice issued by the Council. This is because Mr X has used his right of appeal to the Planning Inspector.

The complaint

1. The complainant, Mr X, complains about the Council’s issue of a planning enforcement notice. He does not believe the development referred to amounts to a breach of planning control and considers he should be allowed to keep it.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about planning enforcement notices.

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How I considered this complaint

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

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My assessment

6. The Planning Inspectorate is the appropriate body to deal with challenges to planning enforcement notices and Mr X has provided evidence to show he has appealed to it against the enforcement notice issued to him by the Council. We therefore have no jurisdiction to investigate Mr X’s complaint about the notice or the Council’s actions in respect of it.

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Final decision

7. We cannot investigate this complaint. This is because Mr X has used his right of appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman