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: Mrs W complains the Council has failed to take enforcement action in respect of an alleged breach of planning condition. She also says the Council has failed to take action relating to both an obstruction and damage to a public right of way. We found the Council failed to properly consider enforcement action relating to an alleged breach of planning condition. This caused Mrs W a degree of uncertainty and distress and so we have recommended a remedy. We did not identify any fault by the Council with respect to any alleged interference with the public right of way.

Summary: Mr B complains the Council failed to properly determine a neighbour’s planning application before granting permission. Further, he complains the Council has not properly considered revoking the planning permission due to the interference it will have with his property rights. We found the Council failed to properly determine the application. However, the power to revoke planning permission is discretionary and the evidence suggests the Council did properly consider this. Mr B has suffered an injustice by reason of the identified fault and so we have recommended a number of remedies.

Summary: We will not investigate this complaint about the Council’s decision that a breach of planning control is now immune from enforcement action. 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 has reached its decision on the case.

Summary: Mr X complains about the way the Council is considering three planning applications. We will not investigate this complaint because any injustice is speculative as the planning applications have not yet been determined.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. This is because the Council’s actions have not caused Mr X significant injustice.

Summary: We will not investigate Ms X’s complaint about the Council’s failure to take enforcement action against her neighbours. This is because her injustice stems from a dispute with her neighbours rather than any fault by the Council and this is a private civil matter between those involved.

Summary: Mr X complains past fault by the Council resulted in the submission of a planning application in 2019 for development which will negatively impact on his home. We will not investigate the complaint because we cannot achieve the outcome Mr X seeks.

Summary: We will not investigate this complaint about the way the Council considered a planning application for development on land next to Mr X’s home. This is because the Council considered Mr X’s comments and obtained amended plans from the applicant to better reflect the boundaries between the properties.

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

Summary: Ms X complains about the Council’s handling of matters relating to a business which operates below her flat. We will not investigate the complaint because it is a late complaint and so falls outside our jurisdiction.

Summary: Mr X complains about the Council’s planning policy and its handling of a neighbour’s planning application. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

Summary: Ms X complains about a 2019 Council decision on a planning application which will affect her property. We will not investigate the complaint because the complaint is a late complaint and so falls outside our jurisdiction.

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a development next to Mrs X’s home. This is because she has not been caused an injustice as a result of the Council’s actions when dealing with the first planning application. There is also no evidence fault in how the Council dealt with a second application for the same development.

Summary: We will not investigate this complaint about how the Council dealt with a planning application made by Mrs X’s neighbour because there is insufficient evidence of a significant injustice.

Summary: We will not investigate this complaint about a Council Officer making rude remarks about the complainant. The Council has apologised for any possible inappropriate or indiscreet remarks made by the Officer. We consider this is an appropriate remedy and further investigation will not lead to a different outcome.

Summary: We will not investigate this complaint because the injustice to the complainant is speculative, and the review process allows for further consultation and consideration by a Planning Inspector.

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

Summary: We will not investigate this complaint about how the Council dealt with Mrs X’s planning application. This is because there is no evidence of fault by the Council.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning matter concerning protected trees. This is because the complaint is late and there is not enough evidence of fault.

Summary: We will not investigate this complaint about how the Council dealt with a planning application next door to the complainant’s house. This is because the complainant has not been caused significant injustice because of any fault by the Council.

Summary: Mrs P complained the Council failed to consider a planning application or take her objections into account. She says the Council failed to provide measurements or respond effectively to her complaint. The Council says it has completed all the processes correctly. We find no fault in the Council’s consideration of the planning application or Mrs P’s objection. We find fault with the Council for failing to upload the revised plans and in failing to distinguish between the planning enforcement and complaint process. However, this did not cause Mrs P a significant injustice.

Summary: Mr X complained the Council failed to follow procedure when its planning enforcement officers investigated his conversion of a garage to letting rooms. I do not consider there is fault causing injustice to Mr X by the Council.