New planning complaint decisions

A weekly update on planning complaint decisions


Summary: The Council was not at fault in the way in which it responded to the planning and listed building issues raised by Mr and Mrs A.

Summary: Mr B complains the Council has not stopped continued nuisance from an industrial unit next to his house. He says regular noise and dust from the property interferes with his enjoyment of his property and is causing him stress. The Ombudsman does not find fault in how the Council investigated the complaint of statutory nuisance.

Summary: Mrs X complains the Council has failed to properly investigate or take appropriate enforcement action in relation to breaches of planning control on nearby agricultural land. The Council’s delay in investigating and determining whether to take enforcement action in relation to current breaches of planning control at this site amounts to fault.

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application. The planning officer’s report shows the Council properly considered the application and it is not for us to question the merits of the decision.

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of a planning application in 2014. This is because the complaint is late and we cannot recommend any alterations to the development which has now been built.

Summary: The Council delayed taking appropriate action at times against Mr C’s neighbour who was running a landscape gardening business from his home. The Ombudsman has found fault and recommends the Council apologises to Mr C and pays him £1,650 to reflect the loss of amenity and £150 for his time and trouble in pursuing the complaint.

Summary: Ms X disagrees with the Council’s decision that her property needed planning permission because she rented out rooms in her home using Airbnb. She complains that the Council did not explain how the decision was made, communicated with her poorly, threatened that neighbours would monitor the situation, and did not treat her fairly. The Ombudsman does not uphold Ms X’s complaint. We find no evidence of fault in the Council’s actions.

Summary: Mr X complains about planning permission granted for a development. The Ombudsman will not investigate this complaint because there is insufficient injustice caused to him to warrant investigation.

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of a building control matter. The Council does not assume liability for the cost of putting right damage resulting from any failure to comply with the Building Regulations; if Mr X is concerned his neighbour’s new boiler will damage his property he may wish to seek legal advice about a claim against his neighbour and/or his installer.

Summary: Mr X complains about the way the Council dealt with his planning application which included a Community Infrastructure Levy (CIL). The Ombudsman will not investigate this complaint because the matter is out of time.

Summary: Mr C complains the Council failed to control and manage development near to his home, allowing a woodland area to be adversely affected. The Ombudsman finds that except for a minor administrative error which did not lead to injustice, the Council acted without fault.

Summary: Mrs X has complained about how the Council has dealt with a planning application for two detached properties near her home. There is no evidence of fault by the Council.

Summary: Mrs X complains about the Council’s decision to grant planning permission for dwellings opposite her house. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

Summary: The Ombudsman will not investigate this complaint about development next to the complainant’s home. This is because it is too late to investigate how the Council granted planning permission for the development in 2015 and we are unlikely to find evidence of more recent fault.

Summary: Mr X complains about the legal action taken by the Council against him. The Ombudsman will not investigate this complaint because the matter is out of time and has been, or could have been, considered by a court.

Summary: Mrs X complained about the Council’s failure to protect her amenity from the development on and use of land next to her home. Mrs X believes the outlook from her home is unacceptable. Part of her complaint relates to matters that are outside our 12-month time limit and so I have not investigated them further. I have considered the Council’s involvement in more recent events, a certificate of lawfulness application, but found no fault in the way it made its decision.

Summary: We do not find fault in the way the Council responded to complaints about possible breaches of planning control by a neighbour.

Summary: Ms X complains about the Council’s decision to grant planning permission for a neighbour’s roof terrace. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

Summary: The Ombudsman will not investigate this complaint about the Council granting planning permission for development behind the complainant’s home. It is unlikely he would find evidence of fault by the Council.

Summary: The Council acted without fault in its consideration of the relevant planning applications in this case. This does not include a current application the Council has yet to decide. We have not investigated the Council’s planning enforcement actions as these are ongoing.

Summary: Mr B complained about the way the Council decided to grant planning permission for a balcony at a neighbouring property. Mr B says the failure to include a condition for screening resulted in a loss of privacy. Mr B also complained about the way the Council responded to his complaint about the decision. The Ombudsman does not find fault in the way the Council made its decision or handled Mr B’s complaint.

Summary: Mr X complains about the Council’s failure to stop obstructions to the highway, causing him difficulties in access. The Ombudsman finds no fault in the Council’s decision not to act but finds fault in how the Council dealt with Mr X’s concerns. The Ombudsman recommends the Council provides an apology and a payment for time and trouble.

Summary: Mr X complains about the way the Council considered a planning application for a telephone mast. The Ombudsman will not investigate this complaint because he took legal action against the Council.