New planning complaint decisions

A weekly update on planning complaint decisions

Please note: our decisions are published three months after they are issued to councils, care providers and the person who has made the complaint. The cases below reflect the caselaw and guidance available at the time of issue and the individual circumstances of each case.


Summary: The Ombudsman will not investigate Mr X’s complaint about how the Council dealt with his planning application. Mr X had a right of appeal to the Planning Inspectorate for the delay in deciding the application which it was reasonable for him to use. Mr X has received the permission he sought so an Ombudsman investigation would not achieve a further outcome.

Summary: The Ombudsman will not investigate Mrs X’s complaint about how the Council dealt with an alleged breach of planning control next to her property. This is because we would be unlikely to find fault in how the Council made its decision.

Summary: The Ombudsman should not investigate Mr X’s complaint about the Council’s handling of the planning process for a rear extension to a house on the same road. There is not enough significant personal injustice caused to Mr X by the matter to warrant an Ombudsman investigation, and the Ombudsman cannot achieve the outcomes Mr X wants.

Summary: Mr C complains the Council unreasonably delayed in responding to his reports about a neighbouring garage which means he suffers from an unacceptable development which has a detrimental impact on the setting of his listed buildings, outlook and reduces light levels to his property. The Ombudsman has ended his involvement in this complaint as it raised issues he had previously investigated.

Summary: Mrs X complained about the Council’s decisions which allowed her neighbour to build a large extension to his home causing loss of light to her home. There was no fault in the way the Council made its decisions.

Summary: Mrs B complains about the Council’s decisions on planning applications. And that it has not enforced a breach of planning permission. The Ombudsman’s view is the original applications happened too long ago for us to now look at. We have considered a retrospective application, made to regularise a breach. We do not find any evidence of administrative fault with that decision, so cannot question its merits.

Summary: Mr & Mrs X complain the Council failed to refer their neighbour’s planning application to its planning committee. The Ombudsman will not investigate this complaint. We consider the Council’s apology and offer of £250 to be a suitable remedy in this case.

Summary: The Ombudsman will not investigate this complaint about how the Council dealt with the complainant’s request to build an access road. This is because he is unlikely to find fault by the Council. It is also unlikely an investigation by the Ombudsman could add to the Council’s response.

Summary: The Ombudsman will not investigate this complaint about the advice the complainant received from the Council’s building control officers. This is because it is unlikely the Ombudsman could add to the Council’s response or achieve the outcome the complainant wants.

Summary: The Ombudsman will not investigate this complaint about the amount the Council says the complainant must pay for a Community Infrastructure Levy. This is because he is unlikely to find fault by the Council. It is also unlikely an investigation by the Ombudsman could add to the Council’s response.

Summary: Mr X complained on behalf of residents of his sheltered housing block that the Council failed to: consult adequately on a development on an adjacent site or properly consider its impact on residents; take adequate enforcement action against the developer in relation to noise and traffic issues; address damage done by the construction workers; or respond adequately to his complaints.

Summary: Mr B complained the Council failed to properly consider a planning application, consult on material changes, properly validate the application or assess the information provided by the applicant and granted planning permission based on a flawed report. I have found no evidence of fault by the Council causing an injustice to Mr B.

Summary: The Ombudsman will not investigate Mr and Mrs X’s complaints about planning, refuse collections and the removal of a sign relating to their home/business. Parts of the complaint are outside our jurisdiction and it is unlikely investigation into the remaining issues will achieve anything worthwhile for Mr and Mrs X.

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s decision to grant planning permission for a new housing development in 2016. This is because the complaint is late and it is unlikely we would find fault affecting the decision.

Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s handling of a planning enforcement matter. This is because Mrs X has a right of appeal against any enforcement notice the Council may issue and if Mrs X disagrees with the Council’s view it would be reasonable for her to appeal.

Summary: Mr C and Ms D complained the Council granted planning permission for a development without considering their objections or requiring the developer to provide a fence on their boundary. There is no fault in how the Council considered the planning application.

Summary: Mr X complains about the Council granting planning permission to his neighbour without properly considering his objection. The Ombudsman will not investigate this complaint as it is unlikely we would find fault in how the decision was made.

Summary: Mr X complains the Council has failed to take proper account of guidance relating to certifying electrical work. The Ombudsman will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

Summary: The Ombudsman will not investigate how the Council decided to grant planning permission for a development. It is unlikely he would find evidence of fault affecting the Council’s decision.

Summary: Mr X complains the Council was inconsistent and inaccurate when it refused his application for a non-material amendment to his existing planning permission. The Ombudsman will not investigate this complaint as we have seen no evidence of fault in the Council’s actions.

Summary: The Ombudsman cannot investigate Mr X’s complaint that the Council treated him unfairly when dealing with his planning applications for a studio flat. The complaint is outside the Ombudsman’s jurisdiction because Mr X used his right of appeal to the planning inspector.

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application. This is because it is unlikely we would find fault in the way the Council reached its decision.

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application. This is because it is unlikely we would find fault in the way the Council reached its decision.

Summary: The Ombudsman will not investigate Ms X’s complaint about the Council’s handling of her neighbour’s planning application. This is because it is unlikely we would find fault in the way the Council reached its decision.

Summary: Mr X complains the Council did not enforce a reported breach of planning permission. He says this caused him unnecessary stress, lack of privacy and financial loss. The Ombudsman finds no fault in how the Council made its decision but has found fault in how it handled the complaint. The Council has agreed to apologise to Mr X and ensure target timescales for responding to complaints are met.