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 decision not to take planning enforcement action because there is no evidence of fault.

Summary: We will not investigate this complaint about the way the Council considered a planning application. Further investigation into why the complainant did not receive a letter about a planning application is unlikely to lead to a different outcome. Also, we have not seen evidence of fault in the way the Council considered the planning application and we cannot achieve the outcome the complainant is seeking.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning application. This is because we could not say the Council’s actions wrongly affected its decision to grant planning permission or, therefore, caused Mr X significant injustice.

Summary: We cannot investigate this complaint about how the Council considered the complainants planning application. This is because the complainant has appealed to the Planning Inspector.

Summary: We will not investigate this complaint about planning decisions because he has appealed to a Planning Inspector.

Summary: We will not investigate Mr X’s complaint about the Council’s planning report and committee’s decision to grant permission for his neighbour’s development. There is not enough evidence of fault in the planning processes to warrant us investigating. Even if there had been fault, we would not investigate because Mr X’s claimed injustice of potential damage to his tree would be a private civil matter between him and his neighbour. We also cannot achieve the outcome Mr X wants from his complaint.

Summary: Mr X complains about the way the Council has considered planning applications for a housing development. We will not investigate this complaint because the planning application has not yet been determined and so any injustice is speculative.

Summary: We will not investigate Ms X’s complaint about the Council’s handling of a building control matter. This is because the Council has now taken enforcement action against her neighbour and its delay did not cause her 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. We will also not investigate the complainant’s concerns about the Council’s pre-application planning advice. This is because we are unlikely to find fault and the complainant has not suffered significant injustice because of any delays.

Summary: Mr X complains about the Council’s handling of a planning enforcement investigation about a gazebo built by his neighbour. We find the Council at fault for failing to consider the correct distance between the structure and Mr X’s boundary. But, we do not find this caused Mr X a significant injustice as the incorrect measurements were unlikely to change the Council’s decision not to take formal enforcement action. The Council has accepted it failed to fully respond to Mr X’s emails and provide timely responses. We find the Council has suitably remedied the uncertainty and frustration this caused Mr X as it has apologised to him and carried out a related service improvement.

Summary: Mr X complained the Council failed to take formal enforcement action against a developer who built his home. We did not investigate this complaint further as it was unlikely to result in a finding of fault or any other meaningful outcome.

Summary: Mr X complained about the Council’s handling of a planning condition, including both its enforcement and an application seeking a certificate that it was immune from enforcement action. We ended our investigation as the complaint about enforcement of the condition was a late complaint. And the Council’s apology to Mr X, with its recent statement advising it should soon determine the application, meant further investigation would not achieve a more meaningful outcome for Mr X.

Summary: We will not investigate this complaint about advice given to the complainant in relation to his request to develop land owned by the Council. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s application for building regulations approval. This is because it is unlikely an investigation by the Ombudsman would add to the Council’s response.

Summary: We will not investigate this complaint about an incorrect address entered on a planning application form. The applicant is responsible for ensuring the information provided is correct and the Council is not required to verify the applicant’s address. This information had no bearing on the planning decision and further investigation is unlikely to find fault in the Council’s actions. Nor do we consider the complainant has suffered significant injustice from the Council’s decision not to escalate her complaint through all stages of its complaint procedure.

Summary: Mrs X complains about the Council’s handling of her and her husband’s reports of planning breaches by their neighbour. The Council has not ignored Mrs X’s concerns. The Council has now taken appropriate action to rectify its earlier erroneous decisions which sufficiently remedies any injustice caused.

Summary: Mrs X complains her home is overlooked because the Council failed to properly consider a planning application. There was fault by the Council, but this did not cause injustice to Mrs X.

Summary: Ms X complained about the Council’s decision to approve her neighbour’s planning application. There was no fault in the way the Council made its planning decision.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application. This is because the impact of the development is not enough to cause Mr X significant injustice and it is unlikely we could say the Council should have refused the application or sought the changes Mr X would have liked.

Summary: We cannot investigate this complaint about how the Council dealt with the complainants’ planning application. This is because the complainants have appealed to the Planning Inspector.

Summary: The complainants Ms X, Ms A, Mr B and Mr C (the Residents) said the Council failed to follow the right process when considering planning application for a major development in their neighbourhood. They also complained about the Council’s actions regarding monitoring and enforcement of the planning conditions attached to the approved planning application. We do not find fault in the way the Council carried out planning control. The remaining part of this complaint is late.

Summary: Ms X complained about the way the Council dealt with a breach of planning control by her neighbour. We found the Council was at fault in that it delayed in serving a breach of condition notice and in responding to some of Ms X’s communications. The Council has agreed to apologise to Ms X for the injustice caused.

Summary: We will not investigate this complaint about the Council’s enforcement investigation into an alleged breach of planning control at a property next to 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 alleged fault is unlikely to have affected the planning outcome, and the Council apologised for failing to update the complainant when it closed the enforcement case.

Summary: Mr X complained the Council was not competent in the way it dealt with planning matters relating to industrial land near his home. We ended our investigation as it was unlikely to result in a finding of fault, a recommendation for a remedy or any other meaningful outcome.

Summary: We will not investigate this complaint about the way the Council dealt with retrospective planning applications for a site close to the complainant’s home. We do not consider the complainant has suffered a significant personal injustice. Nor it is likely we will find fault in the process followed by the Council leading to its decisions.

Summary: We will not investigate this complaint about the Council’s decision to demolish a listed building. This is because the complaint is made late, and I see no reason why the complainant could not have complained sooner.

Summary: We will not investigate this complaint about the Council’s threat of planning enforcement action as there is a right of appeal to a Planning Inspector.