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: We will not investigate this complaint about the Council not taking planning enforcement action. The complaint is made too late and, even this were not the case, we are unlikely to find fault by the Council. Further, the courts are better placed to deal with the matter given the scale of financial loss claimed by the complainant.

Summary: Mrs X complains about the way the Council has handled a planning application regarding the second phase of a housing development. The Ombudsman has found no fault by the Council.

Summary: We will not investigate this complaint about the Council deciding to grant planning permission for development near to properties owned by the complainant. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is nothing to suggest fault affected the Council’s decision.

Summary: We will not investigate Mr J’s complaint about the Council’s handling of his neighbour’s planning application. This is because there is no evidence of fault affecting its decision.

Summary: We will not investigate this complaint about the Council’s failure to respond fully to enquiries and complaints Mr X has made about landscaping in a churchyard. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of fault by the Council or injustice caused to Mr X to warrant an investigation.

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a multi storey car park in the town where the complainant lives. The complainant has not suffered a significant personal injustice which warrants an investigation.

Summary: We will not investigate this complaint about how the Council has dealt with an alleged breach of planning control. The alleged fault by the Council could not have caused significant injustice to those making the complaint.

Summary: Mr B and Mrs B complained the Council delayed investigating their concerns about works to their neighbour’s garden, unnecessarily considered a retrospective planning application for these works, and delayed responding to their complaints. Mr and Mrs B said this caused them stress and anxiety, put them to time and trouble, and led to them incurring unnecessary costs. We found fault with the Council for failing to have a published planning enforcement policy and giving incorrect planning advice. The Council agreed to apologise, reimburse the cost of professional reports, and make a financial payment to acknowledge the impact of its faults.

Summary: Mr X said the Council wrongly discharged a planning condition that was meant to protect his home from unacceptable noise from nearby development. We found the Council’s decision making lacked clarity about the noise reduction measures achieved by the development. This lack of clarity did not affect the Council’s decision to discharge the planning condition. However, it caused Mr X avoidable frustration, for which the Council agreed to apologise.

Summary: Mr X complained about the Council’s decision to approve his neighbour’s planning applications. There was no fault in the Council’s decision making process.

Summary: We will not investigate this complaint about how the Council has dealt with the complainant’s planning application. This is because the complainant has the right to appeal to the Planning Inspectorate.

Summary: Ms X complains about the Council’s handling of Community Infrastructure Levy (CIL) self-build relief in connection with two properties she owns. We will not investigate the complaint because it is unlikely an investigation will add to that already carried out by the Council and an investigation is unlikely to lead to a different outcome.

Summary: We will not investigate this complaint about the legal costs incurred by the complainant. We have not seen evidence of fault in the Council’s actions. Nor will we investigate his complaint about the Council’s refusal to provide information. It is reasonable for the complainant to refer this part of his complaint to the Information Commissioner’s Office.

Summary: We cannot investigate Mr B’s complaint about a planning decision. This is because Mr B has appealed to the planning inspector.

Summary: We cannot investigate this complaint about a planning decision. This is because the complaint has been made by a parish council. We cannot investigate complaints from public bodies such as parish councils.

Summary: Mr X complained about the Council’s decisions relating to development on land next to his home. There was no fault in the way the Council made its planning application and enforcement decisions.

Summary: Mr C and Mrs D complain about the Council’s response to their reports about a neighbouring farmer removing a nearby hedgerow, drainage works and creating a slurry lagoon. Mr C and Mrs D say they suffered flooding to their land, the area has lost an important stretch of hedgerow and they have spent unnecessary time and trouble in pursuing the matter. We have found delay and poor communication by the Council but consider the agreed action of an apology, payment and other action to provide a suitable remedy.

Summary: Mr B complained about the Council’s handling of his neighbour’s breach of planning permission and its enforcement process. He said the Council wrongly found enforcement action was not warranted. As a result, Mr B said he experienced distress, his health was affected, and he has had a loss of amenity. There was no fault in the enforcement process the Council followed, and it properly considered Mr B’s allegations. It reached a decision it was entitled to make, and we cannot therefore criticise the merits of its decision.

Summary: Mr X complains about the Council’s handling of a planning application for a development close to his home. There was fault by the Council because it did not take proper account of the development’s impact on Mr X’s home before it determined the application. The Council agreed to a financial remedy that reflects the impact on Mr X.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s concerns about flooding and drainage issues. This is because the complaint is late, and it would be reasonable for the complainants to seek a remedy through the courts if they consider the Council has been negligent.

Summary: Mrs X complained about the Council’s decision to approve a planning application on her neighbour’s land. There was no fault in the Council’s decision making process.

Summary: Mr X complained the Council refused to take enforcement action about a house extension near his home. There was no fault in how the Council decided not to take enforcement action about the breach of planning permission.

Summary: There is no fault with the Council’s decision to place a condition on a building control approval or with the time taken to decide the applications. The Council has also investigated the complaints made by Mr X against his neighbour. There is no evidence of fault in its investigation of complaints about a brick chimney. A complex neighbour dispute means the Council cannot resolve the situation as Mr X wants after he altered a shared chimney. The neighbours metal flue was installed by an approved installer, who has confirmed it was compliant, so there is no fault in the Council’s decision not to investigate further.

Summary: We will not investigate this complaint about the inclusion of a condition on a planning permission. The complainant is outside our jurisdiction. The complainant had a right of appeal to the Planning Inspectorate, and we have not seen any reason he could not have exercised that right.

Summary: Mr X complains on behalf of a group of residents about the way the Council decided a planning application. He says if the application for planning permission had been handled properly, it would not have been granted. He says the granted application will mean some residents are overlooked and there will be significant traffic problems. The Ombudsman does not find the Council at fault.

Summary: We will not investigate this complaint about how the Council dealt with a building control matter. This is because it is unlikely we could add to the Council’s response or achieve the outcome the complainant wants.

Summary: We will not investigate Mr X’s complaint about how the Council handled his neighbour’s planning application. This is because Mr X has not been caused a significant injustice to warrant an investigation.

Summary: We will not investigate this complaint about how the Council dealt with planning applications for developments near the complainant’s home. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about the Council deciding to grant planning permission for development next to the complainant’s home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is nothing to suggest fault affected the Council’s decision.

Summary: We will not investigate this complaint about the Council’s decision to include a certain piece of land in it’s Core Strategy as it is a late complaint. This is because the decision to include the land within the Strategy was made in 2011. There is also no evidence of fault in the Council allowing people to submit planning applications for the site.

Summary: We will not investigate this complaint about how the Council dealt with planning applications for developments near the complainant’s home or a breach of planning control. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about the Council not notifying Ms B and other residents about a planning appeal. This is because there is not enough evidence of fault to justify an investigation. Also, the alleged fault has not caused Ms B a significant injustice.

Summary: We will not investigate how the Council dealt with a planning application for development near the complainant’s home. It is unlikely we would find fault affected the Council’s decision to grant planning permission.

Summary: We will not investigate this complaint about a planning decision. This is because there is not enough evidence of fault to justify an investigation.

Summary: Ms X complains that the Council has unreasonably delayed determining her planning application. We will not investigate this complaint because she has a right of appeal to a Planning Inspector.