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 complains about the Council’s delay in dealing with a planning breach. We will not investigate the complaint because we are unlikely to 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 decisions to issue a Certificate of Lawfulness of existing use of development and not to prosecute the applicant. There is not enough evidence of fault to justify an investigation.

Summary: Mr X complains the Council completed a building control enforcement investigation into a neighbouring property without considering the evidence he had on the building works. There was fault by the Council because it did not consider information from Mr X. I recommend the Council reopens its enforcement investigation to take account of the information Mr X has.

Summary: We will not investigate this complaint about how the Council dealt with Ms X’s planning application. This is because Ms X had appeal rights to the Planning Inspector which we would reasonably have expected her to have used.

Summary: We will not investigate this complaint about the Council’s failure to notify Mr X directly, rather than his landlord, about planned demolition works close to his home. 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 an application for a development near the complainant’s home. This is because we are unlikely to find fault. The complainant has also not suffered significant injustice because of the alleged fault.

Summary: Mr and Mrs X complain about a lack of planning enforcement action on a neighbouring development. I find fault by the Council because of unreasonable delay in acting on Mr and Mrs X’s concerns. I recommend the Council now prioritise their concerns and make a time and trouble payment to them.

Summary: Mr X complained the Council failed to take action when he reported his landlord had erected a temporary structure in front of his property without planning permission. Mr X further complained about the way the Council handled his complaint about the matter. There was no fault in how the Council responded to Mr X’s report against his landlord. There was fault in the way the Council communicated with Mr X about the matter which the Council has agreed to apologise for.

Summary: Mr and Mrs M complain about the Council's decision to approve a planning application for a development next to their home and that it failed to take enforcement action promptly. We have found fault but this did not cause injustice to Mr and Mrs M. The Council has now changed the information it publishes about its planning decisions.

Summary: Mrs X complained on behalf of a group of residents who are concerned about development in their area. We ended our investigation because further investigation was unlikely to result in a finding of fault, a significant injustice or any other meaningful outcome.

Summary: There was no fault by the Council in a complaint about noise and dust nuisance caused by nearby construction works.

Summary: The investigation of this complaint about the decisions made by a building control officer is discontinued. This is because further investigation would not be able to resolve a dispute over the interpretation of building regulations.

Summary: Ms X complains about lack of planning enforcement against her neighbour by the Council. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council causing injustice to her.

Summary: Mr X complains about matters relating to the Council’s decision to grant planning permission for development at a site adjacent to his home. We will not investigate the complaint because an investigation is unlikely to find evidence of fault by the Council.

Summary: Mr X complains about lack of planning enforcement against a nearby development. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council and part of the complaint is out of time.

Summary: We will not investigate this complaint about the Council’s handling of Mr X’s planning application. This is because Mr X had appeal rights to the Planning Inspectorate which we would reasonably have expected him to have used.

Summary: We will not investigate Mr X and Mrs Y’s complaint about the Council’s grant of planning permission for a new dwelling in 2018 because the complaint is late. We will not investigate their more recent enforcement issue relating to the same development as the matter does not cause them significant injustice.

Summary: We will not investigate this complaint about the Council’s actions relating to a planning application in the village where the complainant lives. There is not enough evidence of fault to warrant our involvement. Nor do we consider the complainant has suffered significant, personal injustice.

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for alterations to a building near Ms X’s home. This is because there is no evidence of fault in the way the Council reached its decision.

Summary: We will not investigate this complaint about the Council’s actions following reports of breaches of planning control. From the information we have seen there is not enough evidence of fault to justify an investigation.

Summary: Mr X complained about the Council’s decision to grant planning permission for two dwellings next to his property. We have not found the Council to be at fault. It considered Mr X’s objections to the application when granting permission. As there was no fault in the process, we cannot question the merits of the Council's decision.

Summary: There was no fault in the Council’s handling of a planning and environmental health matter concerning a village shop and café. The Council did not intend to prevent the café serving hot food and so it is not fault that the planning permission allows this. The Council has also given adequate reasons why it does not consider the café is causing a statutory odour nuisance. For this reason, we have completed our investigation.

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

Summary: We will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application in 2019. This is because the complaint is late.

Summary: We will not investigate Ms X’s complaint about the Council’s handling of a building control matter. This is because we could not achieve any worthwhile outcome for her.

Summary: We will not investigate this complaint that the Council failed to take action regarding water run off. There is not enough evidence of fault by the Council.

Summary: We will not investigate this complaint alleging the Council has not complied with Mr X’s request for a ‘district surveyor’ to inspect damp in his property. This is because there is no indication of fault by the Council.

Summary: Mr X complains about how the Council handled his neighbour’s retrospective planning application for two air conditioning units’ installation. The Council was at fault for failing to carry out a night-time noise assessment. As a result, it failed to consider the impact the air conditioning units’ installation would have on Mr X’s amenity. This caused Mr X distress, inconvenience and time and trouble. Council has agreed to remedy the injustice caused.

Summary: Mr X complained about the Council’s decision to approve a planning application for development on land behind his home. We ended our investigation as it was unlikely to result in a finding of fault or achieve a meaningful outcome for Mr X.

Summary: We will not investigate this complaint about the Council’s decision to refuse a planning application for a dropped kerb. This is because Ms X had appeal rights to the Planning Inspectorate which we would reasonably have expected her to have used.

Summary: 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: We will not investigate this complaint about the Council’s handling of the Community Infrastructure Levy process. 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 administered the process.

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 cannot investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has already appealed to the Planning Inspector.

Summary: 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: Ms X complained about the Council’s failure to protect her amenity from unlawful development on her neighbour’s land. We ended our investigation because planning enforcement action is ongoing.

Summary: Mrs X complained about the Council’s decision to approve a large development on land behind her home. We ended our investigation because it is unlikely to result in a meaningful outcome.

Summary: The investigation of this complaint that the Council included an unenforceable condition on a planning permission has been discontinued. This is because there is not enough evidence of fault, and any injustice to the complainant is not significant enough, to justify our continued involvement. This is because Committee Members had decided that a condition requiring traffic routing was needed.

Summary: Mrs X complained about the way the Council dealt with her concerns about development on agricultural land near her home. We ended our investigation because the Council is considering a planning application relating to the land and we are unlikely to find evidence of a significant injustice to Mrs X.

Summary: Mr X complains about the Council’s grant of planning permission for a nearby school extension. 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 deciding to grant planning permission for development near 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 lack of enforcement relating to hours of operation at a construction site. There is not enough evidence of fault to justify investigating part of the complaint, and no evidence of injustice caused to Mr X by the other part.

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a development on land next to Ms X’s home. This is because there is no evidence of fault in how the Council reached its decision.

Summary: We will not investigate this complaint about the Council’s handling of a planning application for a waste storage compound. 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 that fault by the Council has affected the outcome of the planning application.

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 will not investigate this complaint about a planning condition imposed by the Council. This is because it was reasonable for Mr B to have known about this condition before purchasing his property. Also, Mr B can put in a planning application to vary or remove this condition, and if needed appeal to the planning inspector.