Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant has appealed to the Planning Inspector.

The complaint

1. Mr X has complained about how the Council dealt with a breach of planning control and its decision to take enforcement action against him. Mr X says he has been treated unfairly and harassed by the Council. Mr X says he has been caused significant stress and incurred costs because of the Council’s actions.

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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 government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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 Ombudsman’s Assessment Code.

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My assessment

6. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to take enforcement action or its decision to refuse his retrospective planning application. This is because he has appealed to the Planning Inspector about the Council’s decisions and the Ombudsman cannot investigate matters where someone has already used their appeal right.
7. Mr X has also raised concerns about the Council’s enforcement investigation. But the issues Mr X has raised are related to the matters which have been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal did not address all the issues complained about.

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Final decision

8. We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman