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 consideration of a planning application. We are unlikely to find fault in the Council’s actions.

Summary: Mr Y and Ms W complain about how the Council handled a planning application for a single-storey extension to the house next door. We do not find fault in the substantive matters complained about. However, the Council should apologise for some unnecessary comments made about Ms W.

Summary: We will not investigate Mrs X’s complaint that the Council advised her to apply for a certificate of lawfulness and then told her to withdraw her application. This is because there is not enough evidence of fault by the Council.

Summary: Ms X complains about the process followed and the decision made by the Council in connection with a planning application with which she disagrees. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

Summary: We will not investigate Ms X’s complaint that the Council failed to consult her about her neighbour’s development and did not take into account its impact on her property. This is because there is not enough evidence of fault by the Council.

Summary: We will not investigate Mrs X’s complaint about the Council’s planning process which granted permission for a development near her property. There is not enough evidence of injustice to Mrs X caused by the planning notification process to justify us investigating. There is not enough evidence of fault in the planning decision-making process which would have changed the outcome to warrant an investigation. The boundary issue would be a private civil matter between Mrs X and the owner of the development site.

Summary: We will not investigate this complaint about the failure to take enforcement action against a developer on the construction of the road junction where the complainant lives. Planning permission for the development was granted by the Planning Inspectorate which is not a body within our jurisdiction.

Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against her neighbour for erecting a fence which is higher than permitted development. This is because there is not enough evidence of fault which would warrant an investigation.

Summary: Mr B complained the Council failed to take planning enforcement action to ensure that a restaurant near to his home complied with the condition on the planning permission. He said the restaurant operates in a way that means he, and his neighbours, suffer disturbance from customers leaving the premises late at night. There was fault by the Council but no further action is necessary.

Summary: We will not investigate this complaint about the Council’s pre-planning application advice. The Council’s apology and refund of the planning application fee is an acceptable remedy to part of the complaint. And further investigation is unlikely to led to a different outcome. Also, it is reasonable to expect the complainant to appeal to the Planning Inspector against the refusal of a planning application.

Summary: Ms X complains that the Council has provided misleading information to the Planning Inspector. We will not investigate this complaint because she appealed to a Planning Inspector.

Summary: We will not investigate this complaint about the delay in the Council approving 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 the Council’s handling of planning matters in relation to a property Mr X bought. This because we are unlikely to find evidence of fault by the Council.

Summary: Ms X complains that the Council will not take planning enforcement action against a neighbour. We will not investigate this complaint because there is no evidence of fault by the Council or significant injustice to warrant investigation.

Summary: Mr X complained about the Council’s failure to take enforcement action in relation to unlawful developments on land near his home. Mr X said that the unlawful uses affect his amenities. We did not investigate further because the planning decision making process is ongoing.

Summary: Ms X complains the Council failed to respond to and investigate her complaints about a resident trading cars from their property causing a nuisance by parking cars on the road. We found fault by the Council as it failed to respond to Ms X’s formal complaints about the matter. But this fault has not caused a significant injustice to Ms X. The Council is now taking the action Ms X was seeking so we are completing our investigation.

Summary: Mr X complained about the Council’s recent decision relating to a retrospective investigation, and its earlier decision not to take enforcement action in relation to a change of use of a building. Mr X said the use of the building causes noise disturbance. We did not investigate further as it is unlikely to result in a finding of fault, a remedy for an injustice to Mr X or any other meaningful outcome.

Summary: We will not investigate this complaint about the way the Council decided to approve its application for flood attenuation. We have not seen sufficient evidence of fault in the Council’s actions to justify our involvement.

Summary: We will not investigate Mrs B’s complaint that the Council has refused her planning applications but granted planning permission to her neighbour. This is because it was reasonable for Mrs B to appeal to the Planning Inspector.

Summary: We will not investigate this complaint about matters relating to a caravan park close to Ms X’s property. This is because there is no evidence to suggest fault by the Council.

Summary: We will not investigate Mrs P’s complaint about building control inspections because there is no basis for us to seek the remedy she would like; the Council is not responsible to Mrs P in the way she believes.

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

Summary: Mr X complains about the Council’s failure to notify him of the commencement of building works at a site close to his home. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

Summary: We will not investigate Ms X’s complaint the Council pursued planning enforcement action against her causing distress over six years. We cannot lawfully investigate because Ms X used a right of appeal to the planning inspector against the enforcement notice. It is reasonable for her to use or have used other rights of appeal which are available regarding such matters as the certificate of lawful development.