Summary: We will not investigate this complaint about the Council’s planning advice and its decision to take enforcement action. This is because part of the complaint is late. The complainant has also appealed to the Planning Inspector.

The complaint

1. Mr X has complained about the planning advice he received from the Council. He says he was incorrectly told he needed to apply for planning permission. Mr X says he followed this advice, but his application was refused and the Council has taken enforcement action against him.

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

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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 refuse his planning applications or its decision to take enforcement action against him. This is because Mr X 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 complained about the planning advice he received from the Council. The Council says Mr X was correctly told he needed permission for the development. Mr X disputes this. However, I consider Mr X’s concerns about the advice he was given late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. The advice Mr X has complained about was given more than a year ago. I see no good reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman about this issue sooner. Furthermore, Mr X could have applied for a lawful development certificate if he wanted to confirm if the work was permitted development.

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Final decision

8. We will not investigate Mr X’s complaint because part of the complaint is late. Mr X has also appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman