Summary: We will not investigate this complaint about planning enforcement as there was an appeal to a Planning Inspector against the notice and a fine could be challenged in court.

The complaint

1. Mr X complains about a fine levied against him following a planning enforcement notice for an unauthorised demolition.

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The Ombudsman’s role and powers

2. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
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 a planning enforcement notice.

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How I considered this complaint

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

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My assessment

7. Mr X says that the Council, through the courts, levied a fine against him which he says is disproportionate. The fine was for unauthorised demolition work.
8. Councils have a range of options for formal planning enforcement action available to them, including a Planning Enforcement Notice where there is evidence of a breach, to identify it and require action to remedy it. There is a right of appeal against the notice to a Planning Inspector. The Planning Inspectorate is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so this part of the complaint is out of jurisdiction.
9. The Council can also take a person, subject to the notice, to court which can issue a fine against them. Mr X says that the fine is excessive but this was a matter for the court and so is out of jurisdiction.

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Final decision

10. We will not investigate Mr X’s complaint because it could be appealed to a Planning Inspector and was a matter for the court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman