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: Ms X complained about how the Council decided not to take formal enforcement action against her neighbour for building an extension without planning permission. The Council was at fault for delays in its complaint response. This caused Ms X frustration. The Council has suitably remedied that injustice by apologising to Ms X.

Summary: Mr X complained there were faults in the Council’s consideration of a reserved matters planning application. He said the approved development will increase flood risk to his home, has reduced its value and the process caused him and his wife considerable stress. There was fault by the Council but it did not cause significant injustice to Mr X.

Summary: We will not investigate this complaint about the Council deciding to grant planning permission for development next to the complainant’s home. 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 deciding to grant planning permission for development near to the complainant’s home. 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 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’s decision that no change of use has occurred at a yard behind the complainant’s home. There is not enough evidence of fault to justify our involvement.

Summary: The Ombudsman found no fault on Mr P’s complaint about the Council’s consideration of a neighbour’s planning application. It complied with its obligation to publicise it, assessed its potential impact, and the onsite trees were not within a conservation area or protected by order or planning condition. There was not enough injustice to Mr P from any possible failure to carry out a site visit to investigate this further.

Summary: The Ombudsman found no fault on Mrs Z’s complaint about the Council failing to enforce planning conditions about all surface water from a nearby housing development draining in to storage tanks. The Council investigated their concerns and was satisfied with the installed drainage systems. It was not fault for it to decide to take no enforcement action against the developer following poor site management of silt.

Summary: Ms X complains about the Council’s decision not to notify her of amended plans to a planning application. We will not investigate this complaint because there is no evidence of fault by the Council.

Summary: Mr X complains about lack of planning enforcement action by the Council. We will not investigate this complaint because there is no evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council not prosecuting a planning applicant for fraud. It is unlikely we would find fault by the Council or that the complainant had suffered injustice.

Summary: We will not investigate this complaint about planning issues in the area near the complainant’s home. It is unlikely we would evidence of fault by the Council.

Summary: Mr B complained about the Council’s handling of planning applications for a large residential development neighbouring his property. Some of his complaints are late and we have not investigated them. There was no fault in the way the Council considered the most recent planning application in this case.

Summary: We will not investigate Ms X’s complaint, brought by her representative Miss Y, about the Council’s handling of a planning application for residential properties near Ms X’s land. There is not enough evidence of fault in the planning decision process to warrant us investigating. We will not intervene in the ongoing process for discharging drainage planning conditions, or in a related ongoing planning enforcement matter. We also cannot achieve a key outcome sought by Ms X because we cannot order councils to revoke planning permission.

Summary: We will not investigate this complaint about the Council’s handling of planning matters related to several planning applications and prior approval applications made by a developer. Parts of the complaint fall outside our jurisdiction due to the passage of time and the availability of appeal rights to the Planning Inspector. And determining whether the Council is responsible for financial losses is a matter for the courts.

Summary: We will not investigate Miss X’s complaint about the Councils decision to grant planning permission or its decision her neighbour has not breached planning control. We are unlikely to find evidence of fault which would have affected the planning decisions.

Summary: We will not investigate how the Council dealt with the complainant’s concerns about development near her home. 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 by the Council.

Summary: We will not investigate Ms X’s complaint about the way the Council dealt with a planning application for an extension to the side of a property close to her house and garden. There is not enough evidence of fault by the Council in its planning process to warrant us investigating. We will also not investigate the Council’s internal complaint process where we do not intend to investigate the core issues which gave rise to the complaint.

Summary: We will not investigate Miss X’s complaint about the Council’s decision to take no enforcement action against works done by her neighbour in their back garden. There is not enough evidence of fault by the Council in making its decision to justify us investigating. We also cannot achieve the outcome Miss X seeks from the complaint.

Summary: We will not investigate Mr X’s complaint about the Council permitting an opening window in his neighbour’s gable wall. Mr X bought the property in 2019 with the window present. It was Mr X’s 2019 decision to buy his house which directly led to the window becoming his concern and linking him to the injustice he now claims. We also cannot achieve the outcome Mr X seeks from his complaint. Any issue of trespass or easement related to the window is a private civil issue between Mr X and the neighbouring owner, not a matter for the Council as the planning authority to negotiate.

Summary: We will not investigate this complaint about how the Council dealt with a project funded by Community Infrastructure Levy funds. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about the actions the Council has taken in relation to the complainant’s property. This is because parts of the complaint are late. The issues raised have also been subject to court proceedings.

Summary: We will not investigate this complaint about the Council deciding to grant outline planning permission for development near to the complainant’s home. 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 X’s complaint about the Council’s enforcement responses to his reports of planning breaches on a development site. The site is about a mile away from Mr X’s property. Even if there was Council fault in its enforcement decisions, they have not caused a significant personal injustice to Mr X which would justify us investigating. The Council has apologised for delays in updating Mr X on the matter, and in its complaint responses, which is the appropriate outcome for these parts of the complaint.

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’s decision to grant planning permission for new properties on a private road Mr X has legal rights to. This is because legal rights of access are not something the Council will consider as part of a planning application and so there is no fault in how the Council reached its decision to grant planning permission.

Summary: Mr B complains about the Council’s decision not to take enforcement action against his neighbour for unauthorised development. We will not investigate this complaint. We have not seen evidence of fault which would warrant an investigation.

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 Miss X’s complaint about the Council’s handling of a building control matter. This is because we cannot achieve any worthwhile outcome for Miss X.