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 her neighbour’s claim of adverse possession of land. The Ombudsman will not investigate this complaint because this is a private matter and there is no evidence of fault by the Council.

Summary: Mr X complains about the way the Council manages and organises planning documents and that it held the planning committee meeting to consider an application on the day of the expiry of the consultation. We will not investigate the complaint because it is unlikely an investigation will add to that already carried out by the Council or lead to a different outcome.

Summary: We will not investigate this complaint about the Council’s handling of planning and enforcement issues at a site near 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 causing significant injustice to the complainant, and the Council has apologised for the delayed complaint responses.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a building control matter. This is because the issue does not cause Mr X significant injustice and the underlying dispute over compliance with the Building Regulations is a matter for the Secretary of State.

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 he has already appealed to the Planning Inspector.

Summary: Mr X complains about the Council’s handling of a planning application for a large-scale development in his locale. We will not investigate the complaint because the Council has taken the action Mr X sought as an outcome to his complaint and an investigation would be unlikely to add significantly to the Council’s own investigation.

Summary: We will not investigate this complaint about the Council charging local people for pre-application advice about planning matters. This is because the law allows the Council to charge for this service and there is insufficient evidence of fault in how the Council has calculated its charges.

Summary: We cannot investigate this complaint about the Council’s handling of an enforcement investigation into a structure erected by the complainant. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has already appealed to the Planning Inspectorate, and an investigation is unlikely to lead to a different outcome.

Summary: Mr Z complained the Council delayed taking enforcement action since opening an enforcement investigation in 2018 and has failed to ensure a sports pitch is brought back into public use. There have been periods of time since February 2018 where the Council allowed the matter to drift and it failed to progress this matter. The Council should apologise to Mr Z.

Summary: Ms X complains about the Council’s grant of planning permission for a phone mast. We will not investigate this complaint because there is insufficient injustice caused to her to warrant investigation.

Summary: Ms X complains about the Council’s failure to take enforcement action against a nearby development. We will not investigate this complaint because there is no evidence of fault by the Council causing significant personal injustice to Ms X.

Summary: Miss X complains the Council incorrectly advised her to submit a non-material amendment (NMA) application for changes to existing planning permission which it then rejected, after it deemed the changes as material, incurring a £234.00 fee. There was no fault in the initial advice the case officer gave Miss X. However, there was fault with the Council’s on-line guidance which did not clearly manage an applicant’s expectations around pre-application advice. The Council agreed to carry out a review of its on-line guidance around NMA applications.

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 will not investigate this complaint about the Council’s decision to install a temporary mini golf course in a park near the complainant’s home. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has not suffered a significant personal injustice which justifies an investigation.

Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a planning application. This is because there is not enough evidence of fault by the Council to warrant further investigation.

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. The complainant has also not been caused any significant injustice as a result of the alleged fault.

Summary: Mr C complains about the way the Council responded to his reports of unauthorised development at a neighbouring property. Mr C says he suffers from unacceptable development which has a harmful impact on his residential amenity and the Green Belt and he has spent unnecessary time and trouble. We have found fault by the Council but consider the agreed action of an apology, £400 and timely enforcement action provides a suitable remedy.

Summary: We will not investigate this complaint about the failure of the Council to insist on the complainant’s neighbour submitting a planning application for change of use. This part of the complaint is late. We cannot investigate any concerns about an alcohol licence as this has been considered in court.

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. We also will not investigate the complainant’s concerns about the Council’s decision to take enforcement action as she has already appealed to the Planning Inspector.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning matter. This is because the matter has not caused Mr X significant injustice and it is unlikely investigation would achieve any worthwhile outcome for Mr X as the law does not allow us to question its officers’ professional judgement.