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: Mr and Mrs X complain about the Council’s handling of their concerns about business units that neighbour their home. There was no evidence of procedural fault in the Council’s handling that allows us to question the merits of its decision-making in relation to planning enforcement and noise nuisance. The Council has agreed to make a payment to Mr and Mrs X in addition to the apologies it had already made for delays in its correspondence.

Summary: Mr T complains about the Council’s actions relating to an unrecognised footpath, which no longer exists due to a new housing development. He says the closure of the route has had a negative impact on his life and caused him distress. We do not find fault in the actions of the Council. As the route was unrecognised, there was no formal process required to close it, and the Council has provided the correct information to Mr T about how he could apply for recognition of the route.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of several planning matters. His complaints about the Council’s actions in 2016 and 2019 are late and its more recent decision to close an investigation into a potential breach of planning control relating to a boundary fence does not cause Mr X significant injustice. We cannot investigate Mr X’s complaint about the Council’s handling of his planning application as he has used his right of appeal to the Planning Inspectorate.

Summary: We will not investigate Mr X’s complaint about the Council’s failure to consult him about his neighbour’s planning application. This is because the complaint is late and I have seen no good reasons to exercise our discretion to investigate it.

Summary: We ended our investigation into Mr X’s planning complaint as we could not achieve a worthwhile outcome for him.

Summary: Mrs X complained about the Council's decision to approve a planning application for a two-story extension on a nearby property. There was fault in how the Council notified Mrs X of the planning application. This caused Mrs X avoidable frustration. The Council will apologise and remind its staff they must publicise planning applications in accordance with its Statement of Community Involvement.

Summary: We found no fault in how the Council decided not to take enforcement action after it found no material change of use had taken place on land near Mr X’s home.

Summary: Mr X complains that the Council did not notify him of a planning application and they failed to properly consider that planning application. We will not investigate this complaint because there is no evidence of fault by the Council.

Summary: Mr X complains about planning permission for lighting opposite his house. We will not investigate this complaint because the matter is out of time and there is no evidence of fault.

Summary: Ms X complains about the grant of planning permission for a building at the end of their neighbour’s garden. We will not investigate this complaint because there is no evidence of fault by the Council.

Summary: Mr X complains about planning permission granted by the Council. We will not investigate this complaint because there is no evidence of fault by the Council causing significant injustice.

Summary: Mr X complains about the grant of planning permission for a neighbour and enforcement of that planning permission. We will not investigate this complaint because there is no evidence of fault by the Council causing injustice.

Summary: We will not investigate this complaint about the way the Council processed the complainant’s planning application or dealt with her report of a breach of planning control. The complainant had a right to appeal to the Planning Inspector regarding her planning application. And we are unlikely to find fault in the way the Council considered the planning control breach.

Summary: We will not investigate this complaint about the Councill’s decision to spend money on a project near Mr X’s home. This is because the Council’s use of taxpayers’ money affects all or most people in the Council’s area. The law does not allow us to investigate these complaints.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning matter. There is no evidence of fault by the Council and its actions did not cause of the injustice Mr X claims.

Summary: Mr X complained about the Council’s decision to approve his neighbour’s planning application. There was no fault in the way the Council made its decision.

Summary: Mr X complains the Council has not properly dealt with a planning application for a development near his home. The Council is not at fault.

Summary: Mr X complained about the Council’s failure to make planning and enforcement decisions in relation to a site near his home. We did not investigate this complaint further as it is unlikely to result in a meaningful outcome.

Summary: The Ombudsman found no fault on Mr C’s complaint about the presentation of incorrect and misleading information to the planning committee when it granted consent for a housing development close to his home. The committee was given accurate information about the layout, the boundary, and the relationship of the plots to the rear of his home and neighbouring land.

Summary: We will not investigate Ms X’s complaint that the Council wrongly issued a completion certificate for works carried out to her property. This is because the issue of substandard work is a matter between Ms X and the developer and we could not hold the Council responsible for the losses Ms X claims. We could not therefore achieve any worthwhile outcome for her by investigating the matter further.

Summary: We will not investigate this complaint about the Council deciding it cannot take action against work carried out by the complainant’s neighbour. We are unlikely to find fault affected the Council’s decision.

Summary: We will not investigate this complaint about a failure to tell the complainant about a planning application. There is no evidence of fault in the way the Council publicised the application.

Summary: We will not investigate this complaint about how the Council dealt with planning applications to change the use of land near the complainant’s home. This is because we are unlikely to find fault. The complainant has also not suffered significant injustice because of any delays determining the applications.

Summary: We will not investigate this complaint about how the Council dealt with a building control matter. This is because we could not achieve the outcome the complainant wants.

Summary: Mrs Y complained about the way the Council dealt with planning issues regarding a fence erected along her property’s boundary. We have found fault by the Council in the way it responded to her concerns, but not with the way in which it made its decision about enforcement action. The Council has agreed to remedy the injustice this fault caused by apologising and making a payment to Mrs Y to reflect her distress and time and trouble.

Summary: Mr X complained the Council did not properly consider his objections to a planning application. Mr X says the proposed application will cause him a loss of sunlight and privacy. Mr X also says a proposed pedestrian access will cause him inconvenience. The Ombudsman does not find fault with the Council.

Summary: Mr X complained about Council’s decision to discharge a planning condition for surface water drainage without properly consulting with the flood authority. We have found the Council was at fault for not doing so, however this did not affect the outcome because retrospective approval for the scheme was given. We are satisfied the injustice to Mr X has already been remedied by the Council subsequent actions, including an apology to Mr X for the failure to properly consult.

Summary: We will not investigate this complaint about the Council’s handling of a breach of planning control at a property next to the complainant. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault in the way the Council reached its decision on the planning enforcement issue, and the Information Commissioner’s officer is better placed to consider the alleged breach of data protection laws.

Summary: We will not investigate this complaint about how the Council dealt with a planning application or what happened at a planning panel meeting. 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. 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 grant planning permission for a development next to Mr X and Mrs Y’s home. This is because there is no evidence of fault in how the Council dealt with the application or reached its decision.

Summary: We will not investigate this complaint about the Council’s decision to invite a retrospective planning application for unauthorised works to a building close to Mr X’s home. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Summary: We will not investigate this complaint about the Council’s decision to grant a Lawful Development Certificate. This is because we are unlikely to find evidence of fault by the Council.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s concerns about a planning application. This is because the complainant has not been caused significant injustice. It is also not a good use of public resources to investigate complaint handling where we are not considering the substantive issue.

Summary: We will not investigate this complaint about the enforcement action the Council has taken against the complainant for a breach of planning control. This is because the complainant has already appealed to the Planning Inspector. He can also appeal against the Council’s decision to refuse his application for a Certificate of Lawful Development. The complainant’s concerns about compliance with the enforcement notice are better dealt with by the courts.

Summary: Mr X complains about the Council’s refusal to take planning enforcement action against a neighbour’s garage. We will not investigate this complaint because there is no evidence of fault.

Summary: We will not investigate this complaint about the system used by the Council to determine planning applications. This is because we are unlikely to find evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council’s handling of a planning application for works to a property next to the complainant. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault causing significant injustice to the complainant.

Summary: We will not investigate this complaint about Mrs X’s neighbour’s encroachment onto her party wall and land. This is a private matter, and it is reasonable for her to seek a remedy in the courts if she cannot obtain a civil agreement under the Party Wall Act 1996.

Summary: We will not investigate Mr B’s complaint that the Council has delayed deciding his planning application. This is because it is reasonable for Mr B to put in an appeal to the planning inspector.

Summary: We will not investigate this complaint about how a Council dealt with a planning application or enforcement matters. This is because Ms X has exercised her right of appeal to the Planning Inspector.

Summary: We will not investigate this complaint about the Council’s 2014 Local Plan. This is because this is a late complaint and there are no good reasons for us to investigate it now.

Summary: We will not investigate this complaint about the Council’s decisions on planning applications. We will not investigate this complaint because she has used her right of appeal to a Planning Inspector (and can continue to do so).

Summary: We cannot investigate this complaint about a planning application. This is because the complainant has already appealed to the Planning Inspectorate.