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’s handling of a Prior Approval application for a mobile phone mast. 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 determined the application, and it has apologised for the delay in responding to the subsequent complaint.

Summary: We will not investigate Mr B’s complaint about the Council’s decision not to take planning enforcement action about a breach of planning control. This is because there is not enough evidence of fault to justify an investigation.

Summary: We will not investigate this complaint about the process the Council followed before deciding to approve a planning application. There is not enough evidence of fault in the Council’s actions to justify an investigation.

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

Summary: Mr X complains about the placement of waste containers near his property. We will not investigate this complaint because there is no injustice caused to him following administrative fault by the Council.

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission to allow a change of use for a building near the complainants home. This is because the events happened too long ago, and I see no good reason to exercise discretion and investigate them now.

Summary: We will not investigate this complaint about how the Council decided to grant planning permission for development in its area. This is because there is no evidence of fault in how the Council made its decision.

Summary: Mr X complains about a lack of planning enforcement action by the Council against a developer. We will not investigate this complaint because there is insufficient injustice to warrant investigation.

Summary: We will not investigate Mr X’s complaint about the Council’s grant of planning permission for development which encroaches onto his land. This is because the Council is not responsible for the encroachment; Mr X’s remedy for the issue lies in a claim against his neighbour rather than the Council.

Summary: We will not investigate this complaint about delay in dealing with a planning application because Ms X could appeal to a Planning Inspector.

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

Summary: Mr C complained about the Council’s response to alleged breaches of planning control by his neighbour. We did not find fault with the Council for the way it investigated the alleged breaches. We found some fault with the way the Council communicated with Mr C about his complaint. The Council agreed actions to remedy the injustice this caused Mr C.

Summary: Mr and Mrs X complained about the Council’s decision to grant planning permission for a local cricket club to install a large, steel storage unit. The Ombudsman did not find fault in the Council’s decision-making.

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission or two developments in the area where he lives. This is because planning permission was granted in 2019 and Mr X did not complaint to us until early 2022. Therefore these are late complaints and there are not good reasons for us to investigate them now. We will also not investigate the way the Council has dealt with planning enforcement issues as it is unlikely we would find fault with the actions of the Council.

Summary: We will not investigate this complaint about a condition attached to planning permission granted in 2018. Part of the complaint is late. There is nothing to suggest other fault by the Council.

Summary: We will not investigate this complaint about alleged breaches of planning conditions. It is unlikely we would find fault by the Council.

Summary: We will not investigate this complaint about how the Council dealt with the complainants’ planning applications or its decision to grant planning permission to the complainants’ neighbour. This is because parts of the complaint are late, and the complainants used their right to appeal to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

Summary: We will not investigate this complaint about the Council’s failure to make its local plan policies easily accessible in the local libraries. Any fault has not caused the complainant a significant personal injustice. And it is for the Planning Inspector to decide whether the Council’s consultation and plan are sound, and the process was legally compliant.

Summary: We will not investigate this complaint about how the Authority dealt with possible breaches of planning control. This is because we are unlikely to find fault with the Authority’s decision not to take formal enforcement action. The complainant has not been caused significant injustice because of any delays.

Summary: We will not investigate this complaint about the Council’s decision to approve a planning application to demolish and replace a house. There is not enough evidence of fault in the Council’s decision-making process.

Summary: We will not investigate this complaint. This is because it is unlikely that further investigation will find fault in the way the Council considered the planning application for the new property. Nor should we investigate the complaint about breaches of data protection. I do not consider this has caused a significant personal injustice, and we cannot achieve the outcome the complainant is seeking.

Summary: We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

Summary: We will not investigate Mr X’s complaint about the Council’s failure to consult him about his neighbour’s planning application. The Council has accepted fault but this fault did not affect the outcome of the application or cause Mr X significant injustice.

Summary: We will not investigate Mrs X’s complaint about the Council’s planning process, which resulted in the grant of permission to a development. Mrs X has made the complaint on behalf of a parish council. We cannot investigate complaints from and made on behalf of public bodies.

Summary: Mr X complains about the Council’s handling of a planning application as well as a planning enforcement investigation. There was fault by the Council because it started but did not conclude a planning enforcement investigation. It also did not initiate a complaint investigation into Mr X’s concerns. The Council agreed to apologise to Mr X and offer a financial remedy to reflect the injustice to him.

Summary: Mr Y complains that inaccurate pre-application planning advice provided by the Council in 2018 contributed to substantial losses when he pursued a planning application which the Council later refused. We have discontinued our investigation into Mr Y’s complaint for the reasons explained in this statement.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because it is not yet possible to determine if the complainant has suffered any significant injustice as a result of the alleged fault.

Summary: Ms X complains about the Council’s response to her concerns about her neighbour’s building developments. We will not investigate the complaint 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 response to the complainant’s report of a breach of planning control. 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 by the Council.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application. This is because there is not enough evidence of fault by the Council. It is also unlikely we could say the matter caused Mr X significant injustice.

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 cannot investigate this complaint about the Council’s decision to take enforcement action against the complainant. This is because the complainant appealed to the Planning Inspector.

Summary: We will not investigate Mr B’s complaint about changes to the boundary fencing at a local school. This is because the complaint is late and there are not good reasons to investigate the complaint now.