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 way the Council inspected the building where he lives when it was being built. This is because the events complained of happened too long ago for us to be able to carry out an effective investigation.

Summary: Mr X complained about the way the Council considered a planning application for a residential development, and the decision to grant planning permission. Mr X also complained the Council’s response to residents’ complaints was inadequate and did not address their concerns. There is no evidence of fault in the way the Council considered the planning application or in its responses to residents’ complaints.

Summary: Mr X complained about the way the Council decided his neighbour’s planning application and dealt with their actions when carrying out the development. He complained the Council failed to protect his privacy and failed to consider drainage properly. We found there was no fault by the Council.

Summary: Mr X complains about the Council’s failings in its handling of a neighbour’s planning application. We will not investigate the complaint because it is unlikely we will add to the investigation 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 Council’s decision to make changes to a local highway. This is because the group Ms X represents have already unsuccessfully challenged the Council’s decision in court. We will not investigate other parts of Ms X’s complaints as these relate to the way Council uses public money. This affects all or most people in the Council’s area and the law does not allow us to investigate these complaints.

Summary: We will not investigate this complaint about a failure to tell the complainant about a planning appeal, and the decision not to take enforcement action. There is not enough evidence of fault which would warrant an investigation.

Summary: We will not investigate this complaint about the Council’s handling of planning-related issues in the complainant’s local area. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

Summary: Ms X complains about the Council’s decision on a planning application for a change of use of a dwelling to a House in Multiple Occupation (HMO). We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

Summary: We will not investigate this complaint about how the Council has dealt with breaches of planning control on land near Mr X’s home. This is because we cannot know what, if any, injustice Mr X has been caused until the Council reaches a decision on the planning application.

Summary: We will not investigate this complaint about delays in responding to a request for pre-planning application advice. The Council has apologised and refunded the fee. This is a suitable remedy. We cannot investigate this complaint about how the Council dealt with the complainant’s planning application as he has used his right to appeal to the Planning Inspectorate.

Summary: We will not investigate this complaint about how the Council considered a planning application for development near a listed building. This is because there is no evidence of fault in how the Council reached its decision.

Summary: Mr X complains about the way the Council considered a planning application. We will not investigate this complaint because the planning application was determined by a Planning Inspector who is out of our jurisdiction. The Council’s actions cause no significant injustice to Mr X.

Summary: Mr X complains about the way the Council dealt with and considered planning applications for an extension to a property next to his house. We have found no evidence of fault in the way the Council dealt with these matters so have completed our investigation.

Summary: Mr X complains about the Council’s grant of planning permission to a neighbour for a roof extension. We will not investigate this complaint because there is no evidence of fault by the Council.

Summary: Mr X complains about the Council’s failure to take planning enforcement action against a neighbour. We will not investigate this complaint because there is no evidence of fault by the Council and the matter has not been determined yet and so any injustice is speculative.

Summary: We will not investigate this complaint about how the Council dealt with an application for a certificate of lawful development. This is because Mr X has not been caused an injustice as a result of the Council’s actions.

Summary: We will not investigate this complaint about how the Council dealt with an application for a certificate of lawful development. This is because Mr X has not been caused an injustice as a result of the Council’s actions.

Summary: We will not investigate this complaint about the way the Council dealt with her planning application. The complainant had a right of appeal to a Planning Inspector.

Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her 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 will not investigate this complaint about how the Council dealt with an application for a certificate of lawful development. This is because Mr X has not been caused an injustice as a result of the Council’s actions.

Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her neighbour’s planning application. This is because there is no evidence to show it is to blame for the delay in Mrs X receiving her consultation letter and it properly considered the impact of the proposed development in any case.

Summary: We will not investigate Mr and Mrs X’s complaint about the Council’s handling of a building control matter. This is because the injustice they claim is the result of the actions of the previous owner of the property and their builder and we cannot say the Council must provide a remedy for this.

Summary: We cannot investigate Mr X’s complaint about his liability for a Community Infrastructure Levy (CIL) on his new property. Mr X has used his appeal to the Planning Inspectorate on the liability issue, which takes it outside our jurisdiction. We will not investigate Mr X’s complaint about the terms of the CIL payment plan he has with the Council. The current agreement terms do not cause Mr X a significant personal injustice which warrants us investigating, and it is reasonable for him to ask the Council to review the terms.

Summary: We will not investigate this complaint about how the Council has dealt planning enforcement issues on land next to Mr X’s home. This is because parts of the complaint are late and there is no good reason to investigate now. There is also no evidence of fault in how the Council is dealing with current enforcement issues.

Summary: We will not investigate Mr X’s complaint the Council’s planning enforcement team is taking action against a raised patio he built as part of an extension. Mr X should take his own advice on how to proceed. If the Council issues an enforcement notice it would be reasonable for Mr X to use his right of appeal to the planning inspector.

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 achieve the outcome the complainant wants.

Summary: Mr B complained about the Council’s handling of an application for prior approval for permitted development. He said the Council did not publicise the application properly or address his objections before granting approval. There was no fault by the Council.

Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her neighbour’s planning application. This is because there is no evidence of fault by the Council.

Summary: Mr X complains the Council has discriminated against him in its handling of matters relating to a building erected in a neighbour’s garden. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

Summary: We will not investigate this complaint about a building control matter. This is because it is unlikely we could add to the Council’s response.

Summary: Mr X’s agent complained the Council failed to refund his client’s planning application fee. We have ended our investigation because it is unlikely to result in a meaningful outcome.

Summary: We will not investigate this complaint about how the Council dealt with an application for a Certificate of Lawfulness of Proposed Use or Development and reports of breaches of planning control. We are unlikely to find fault in the Council’s actions.

Summary: Mr X complains about procedural faults by the Council in its handling of a planning application for a development in his locale. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council and Mr X’s injustice is insufficient to warrant an investigation.

Summary: We will not investigate Ms X’s complaint about the Council’s handling of an enforcement matter relating to her neighbour’s property. This is because there is no evidence of fault. The injustice Ms X claims stems from the Council’s decisions on her neighbour’s planning applications and any complaints about the decisions are late. There is also no evidence of fault in the more recent decision. We will not investigate Ms X’s complaint about the Council’s decision on her planning application and the enforcement action it has taken against her as it would be reasonable for her to appeal.

Summary: We will not investigate this complaint about the Council’s involvement with noise from a restaurant vent. Our involvement would not lead to a different outcome.