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: There was no fault in how the Authority considered the impact of development on local parking provision, wildlife and trees. The Authority took too long to deal with breaches of planning control. However, these do not impact on Mr D.

Summary: There was fault in how the Authority handled planning matters at a site close to Mr B’s home. It did not follow its publicity policy, it did not expressly consider the impact on his privacy, and it has taken too long to deal with breaches of planning control. The Authority should apologise to him, make a payment, and formulate an action plan as to how it will resolve the outstanding enforcement matters so that there is no avoidable delay and make sure this is communicated to residents.

Summary: Ms X complains about the Council’s handling of matters relating to permitted development rights and the use of properties as Houses in Multiple Occupation (HMO). We will not investigate the complaint because it is unlikely we will find evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council granting planning permission for works to a property next to the complainant’s house. 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 to suggest fault has affected the Council’s decision.

Summary: We will not investigate this complaint about the Council’s decision to refuse a premises licence. This is because it is reasonable to expect the complainant to use their right of appeal to the magistrates court.

Summary: We will not investigate this complaint about the way a planning application was considered at a Planning Committee meeting. 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 to suggest fault has affected the Council’s decision.

Summary: We will not investigate this complaint about how the Council dealt with two planning applications for development on a private road where Mr X lives. This is because Mr X has not been caused an injustice as a result of how the Council dealt with the first application and there is no evidence of fault in how the Council reached its decision to grant planning permission for the second application.

Summary: Mr X complains on behalf of a Trust, about the way the Council dealt with a planning application. We will not investigate this complaint because we cannot say with certainty that any significant injustice was caused by the alleged fault.

Summary: The Ombudsman cannot investigate Mr X’s complaint about the Council’s planning decisions. Mr X has used his right of appeal to the planning inspector.

Summary: Mr B complained that in approving planning applications for development near his property, the Council failed to properly assess the impact on surface water drainage and potential flooding of nearby properties including his. We have not found fault with the Council’s actions.

Summary: We will not investigate this complaint about the Council not attaching specific conditions to planning permission. We are unlikely to find fault by the Council has caused the complainant injustice that warrants our involvement.

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

Summary: Mr X complains of harassment by Council officers investigating planning enforcement complaints. We will not investigate this complaint because part of the complaint is out of time and there is no evidence of fault by the Council causing significant injustice in the remaining complaint.

Summary: Mr and Ms X complain about the Council’s decision to grant planning permission for a neighbour’s extension. We will not investigate this complaint because there is no evidence of fault by the Council and the matter is out of time.

Summary: We will not investigate this complaint about how the Council dealt with a planning application or the pre application advice it provided to the complainant. This is because we are unlikely to find fault by the Council. The complainant also had the right to appeal to the Planning Inspector.

Summary: We will not investigate how the Council dealt with the complainant’s concerns about a shed in a nearby garden. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence of fault by the Council.

Summary: We will not investigate how the Council has dealt with the complainant’s concerns about an anaerobic digester and a pig farm. We are unlikely to find there has been fault by the Council.

Summary: We will not investigate this complaint about the Council’s decision to approve a planning application to change an agricultural field to a Gypsy and Traveller site. We have seen no evidence of fault in the way the Council considered the application.

Summary: We will not investigate Ms X’s complaint about the Council’s handling of a planning enforcement/building control matter. This is because Ms X’s injustice stems from substandard work by the developer and we could not hold the Council responsible for the cost of repairs.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainant has not been caused significant injustice as a result of the alleged fault.

Summary: We found no fault in how the Council reached its decision to issue a lawful development certificate for land near Mr X’s home.

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.

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

Summary: We will not investigate this complaint about a report of a breach of planning control. We have not seen evidence of fault in the Council’s actions which justifies an investigation.

Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a planning enforcement matter. This is because the injustice she claims is the result of actions by a third party which we could not hold the Council responsible for.

Summary: We will not investigate this complaint about the Council’s handling of matters relating to a high hedge on Mr X’s land. This is because we are unlikely to find evidence of fault by the Council.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. This is because the injustice Mr X claims is not the result of any fault by the Council.

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

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

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

Summary: There was no fault by the Council in a complaint that it failed to act against the alleged use of a residential property for business purposes.

Summary: We will not investigate this complaint that the Council failed to properly consider separation distances when granting planning permission for a residential 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 not enough evidence of fault in the way the Council made its decision.

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission to convert bedsits into 2 flats. Or its decision not to take enforcement action against breaches of planning control. We have not seen evidence of fault in the decision-making process.

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

Summary: We will not investigate this complaint about the way the Council dealt with its local and a neighbour plan or planning applications in the area where Mr X lives. This is because there is no evidence of fault by the Council.