New planning complaint decisions

A weekly update on planning complaint decisions

Please note: our decisions are published six weeks 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 found no fault by the Council on Mr Q’s complaint about it failing to properly investigate his reports of a neighbour using residential premises for agricultural and commercial purposes in breach of planning control. The Council failed to show what it did to investigate his reports for a period of 3 months. The fault caused Mr Q no significant injustice.

Summary: Mr C complains the Council failed to properly consider a planning application for an extension to a nearby supermarket. Mr C says he will suffer from noise and disturbance from construction work and from the loading area being brought nearer to his property. We have found no evidence of fault by the Council.

Summary: We will not investigate Mr Q’s complaint about the Council’s failure to take action regarding his neighbour’s new roof. This is because we are unlikely to find fault with the Council.

Summary: Mr X complains about the way the Council considered a planning application from a neighbour for fencing. We will not investigate this complaint because there is insufficient injustice to warrant investigation.

Summary: Ms X complains about the Council’s alleged failure to provide a Planning Inspector with documents to determine an appeal. We will not investigate this complaint because the decision causing any injustice was made by a body out of jurisdiction.

Summary: Mrs C complains about the way the Council approved and monitored an archaeological planning condition and wrongly interpreted a drainage planning condition. Mrs C says it is possible that important archaeology may not have been properly recorded or lost and existing flooding issues will be exacerbated. We have found no evidence of fault by the Council.

Summary: We will not investigate the complainant’s concerns about the Council approving a planning application which was contrary to what it said in a document in 2015. We are unlikely to find fault by the Council has caused the complainant significant personal injustice.

Summary: We will not investigate this complaint about the Council deciding not to take enforcement action against an outbuilding. It is unlikely we would find fault by the Council has caused the complainant injustice that warrants our involvement.

Summary: Mr X complained the Council failed to follow policy when granting planning permission on a neighbouring property. Mr X stated this caused him distress and he wanted the council to amend the permission and offer compensation. We will not exercise discretion to investigate as the complaint is late, we cannot achieve what Mr X wants and he could have taken the matter to court.

Summary: Ms X complains about the way the Council dealt with her planning application. We will not investigate this complaint because she appealed to a Planning Inspector.

Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complaint is late.

Summary: Mr and Mrs X complained about how the Council dealt with planning matters on their neighbour’s land. We ended our investigation because we are unlikely to find evidence of fault or an injustice we could remedy.

Summary: We will not investigate this complaint about pre-application planning advice the Council gave to the complainant. This is because the law says we cannot investigate when someone has appealed to the Planning inspectorate and there are no other issues we can or should investigate.

Summary: We will not investigate this complaint about how the Council dealt with an application to build telecommunication apparatus near the complainant’s home. This is because the complainant has not been caused significant injustice by the alleged fault.

Summary: There was no fault in the Council’s decision making over alleged breaches of the planning permission for a barn until December 2019. The Council is still investigating complaints about noise from the building and says if further commercial vehicle repair activity is reported to the planning department it will investigate further. Mr and Mrs B say the noise disturbs the peaceful enjoyment of their home.

Summary: We will not investigate Mr X’s complaint that the Council delayed in dealing with a planning application for a small housing development, is guilty of abuse of process, and failure to communicate with him properly. The Council has refused the application as Mr X wanted. It has appropriately acknowledged its fault and failure of service to Mr X and apologised.

Summary: We will not investigate Mr X’s complaint about the Council’s decision not to take enforcement action against his neighbour’s summerhouse and platform. There is not enough evidence of fault by the Council in the process it followed to consider and make its discretionary decision on the matter to warrant our investigation.

Summary: Mr X complained about the way the Council dealt with a planning application from a nearby business and the issuing of an abatement notice relating to statutory noise nuisance. There was no fault in the Council’s actions.

Summary: Mrs X complained about how the Council decided a planning application next to her home. We found fault with the Council’s record keeping and that it failed to tell Mrs X about changes to the plans. The Council had apologised to Mrs X and it agreed to review the way it keeps records about site visits in planning applications. We were satisfied with the actions the Council agreed to, so we completed our investigation.

Summary: We will not investigate Mrs Q’s complaint about the Council’s handling of a planning application. This is because part of the complaint is late. Nor are we likely to find fault with the Council. And part of the complaint is a private matter between Mrs Q and her neighbours.

Summary: Mr X complained the Council failed to properly check his property complied with Building Regulations. The Council was not at fault.