New planning complaint decisions

A weekly update on planning complaint decisions


Summary: Ms B complains the Council did not take enforcement action when her neighbour built an extension that she thinks is not in accordance with the planning permission. The extension has impacted on Ms B’s privacy and daylight. The Council also did not take enforcement action to stop the neighbour using a boiler flue that Ms B says is directed at her window. There was no fault in how the Council took these decisions.

Summary: The information Council officers provided to the Council’s planning committee failed to clearly show the impact of a planning application on the amenity of neighbouring properties. This is unlikely to have affected the planning decision, but did cause Mrs B frustration. The Council has agreed to apologise to Mrs B and take action to prevent similar failings in future.

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning applications. Part of the complaint is late and it is unlikely we would find fault in the Council’s handling of the more recent applications causing Mr X significant injustice.

Summary: Mrs G complains there were failings by the Council’s environmental health and planning services when she complained about nuisance caused by a neighbouring business. We do not uphold the complaint, considering that both services have responded appropriately to Mrs G’s concerns.

Summary: Mr C complains about the way the Council dealt with various planning enforcement issues at a neighbouring property from 1999 which he says caused him unnecessary time, trouble and upset. The Ombudsman intends to end his investigation as most of the matters are out of time and there is no benefit to Mr C from further investigation into the remaining issues.

Summary: Miss R complains about how the Council handled an application for a dropped kerb and new driveway near her home. She says this has made parking more difficult and the Council has no long-term strategy for dealing with this. There was no fault by the Council. It properly considered the application for the dropped kerb.

Summary: Mr X complains about a grant of planning permission for a development of a number of residential units near him. The Ombudsman will not investigate this complaint because there is no significant personal injustice caused to him.

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of his neighbours’ planning applications. Part of the complaint is late and it is unlikely we would find fault in the way the Council reached its more recent decisions.

Summary: The Ombudsman cannot investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. This is because the complaint is late and Mr X has appealed to the Planning Inspectorate.

Summary: The Ombudsman will not investigate Mrs B’s complaint about the Council’s decision to approve her neighbour’s planning application. Further consideration of the complaint is unlikely to find fault with the way the Council made its decision.

Summary: Mrs X complains that the Council imposed an inadequate condition on a planning permission for a neighbour’s development and failed to enforce that condition. The Ombudsman will not investigate this complaint because the matter is out of time and there is no evidence of fault in the Council’s enforcement of the condition.

Summary: Mr X complains about the way the Council dealt with his planning application and the decision itself. The Ombudsman will not investigate this complaint because he had a right of appeal to a Planning Inspector.

Summary: Mrs A complains the Council did not properly consider a planning application for development of agricultural land. As a result, she believes the Council has set a precedent to allow further greenfield development. The Ombudsman does not find there is evidence of fault in the Council’s decision making.

Summary: Miss X says the Council is at fault in how it considered her neighbour’s planning application. The Ombudsman has found some evidence of fault by the Council but he does not consider this altered the outcome of the application. For this reason he has ended his investigation of this complaint.

Summary: Mr and Mrs X complain about the Council’s failure to properly consider their own and the Town Council’s objections to a neighbour’s planning application. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of a planning application. The Council has refused the application and the issue does not therefore cause him significant injustice.

Summary: There is no fault in the way the Council granted planning permission for new facilities at a school near Mr X’s property. The Council took account of relevant highways and planning policies when reaching its decision.

Summary: Mrs B complains that the Council wrongly concluded that development to the rear of her property is permitted development, which does not require planning permission. We cannot find fault with way the Council reached its decision.

Summary: Mrs B complains about the way the Council dealt with a planning application near her home. The Council did not consult properly about the application and took too long to respond to Mrs B’s complaint. Mrs B lost her opportunity to object to the planning application. The Council has apologised to Mrs B for not properly consulting about the planning application, and the time it took to reply to her complaint. The Ombudsman cannot consider enforcement matters when they are ongoing, but if Mrs B is still unhappy once the enforcement process is complete, she can make a fresh complaint to the Ombudsman.

Summary: The Ombudsman will not investigate Mr X’s complaint about how the Council dealt with his concerns regarding a planning application made by his neighbour. This is because there is not enough evidence of fault causing injustice to Mr X. Also, it is unlikely an investigation by the Ombudsman could achieve anything more.