Summary: We will not investigate this complaint about how the Council dealt with possible breaches of planning control. This is because the complainant has a right to appeal to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

The complaint

1. Mr X has complained about how the Council has dealt with possible breaches of planning control.

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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. 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.

5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

8. Mr X has complained about how the Council has dealt with alleged breaches of planning control at his property. Mr X does not agree there has been a breach and says he has been harassed by the Council. However, councils have a duty to investigate possible planning breaches to decide if enforcement action is necessary. Mr X will have the right to appeal to the Planning Inspector if the Council decides to take formal enforcement action. I consider it would be reasonable for Mr X to use his right to appeal, and the Ombudsman will not usually investigate when someone has an appeal right.
9. Mr X will also have the right to appeal to the magistrates’ court if the Council decides to take formal action under Section 215 of the Town and Country Planning Act in relation to the external appearance of his property.
10. Mr X has complained about how the Council has dealt with his concerns about an unauthorised development at his neighbour’s property. The Council looked into Mr X’s concerns and agreed there had been a planning breach. However, it decided the breach did not cause enough harm to warrant formal action. I understand Mr X may disagree, but the Council was entitled to use its professional judgement in this regard and councils do not need to take formal action just because there has been a breach. As the Council properly considered if enforcement action was necessary, it is unlikely I would find fault.

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Final decision

11. We will not investigate Mr X’s complaint because he has a right to appeal to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman