Summary: We cannot investigate this complaint about the planning enforcement action taken against Mr X by the Council. This is because the complaint falls outside our jurisdiction due to the passage of time and because Mr X used his appeal rights to the Planning Inspectorate.

The complaint

1. Mr X complains about the planning enforcement action taken against him in relation to a static caravan he placed on land for residential use without planning permission. He says he was forced to remove hardstanding which was there before he bought the land and that the Council took action before an appeal he had made to the Planning Inspectorate had been heard.

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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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint if someone has appealed to a government minister about the matter. (Local Government Act 1974, section 26(6), as amended)
5. 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

6. I considered information provided by the complainant, including the Council’s response to his complaint.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The restrictions highlighted at paragraphs 3 and 4 apply to Mr X’s complaint. He knew of the matters of which he complains over 12 months before he complained to us and there are no grounds which warrant exercising discretion to consider them now. Moreover, as he used his right of appeal to the Planning Inspectorate, which acts on behalf of the government minister, we cannot investigate the complaint and we have no discretion here.

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Final decision

9. We cannot investigate Mr X’s complaint because the complaint falls outside our jurisdiction due to the passage of time and because he used his appeal rights to the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman