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 that the Council failed to monitor and enforce planning conditions associated with an indoor football use. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

Summary: We will not investigate Mr X’s complaint about the Council’s refusal to discharge a planning condition. This is because it would be reasonable for him to appeal against the decision.

Summary: We will not investigate Ms X’s complaint about the Council’s handling of her neighbour’s planning application. This is because there is not enough evidence of fault by the Council affecting its decision.

Summary: We will not investigate this complaint about the Council’s refusal to act against a breach of planning control. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence of fault as planning permission was granted for the development.

Summary: We will not investigate Mrs X’s complaint about the Council’s report to the committee regarding her refused planning application. Mrs X had the right of appeal to the Planning Inspectorate which it was reasonable for her to have used.

Summary: We will not investigate this complaint about the Council granting planning permission for a partly clear-glazed and opening side window 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. It is reasonable to expect the complainant to have contacted us sooner and, in any case, there is not enough evidence of fault by the Council.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a building control matter. This is because there is not enough evidence of fault by the Council and the injustice Mr X claims stems from the actions of the developer rather than the Council.

Summary: We will not investigate this complaint about a planning application as the planning application has not yet been determined and so any injustice is speculative.

Summary: Mrs X complained about the Council’s decision to approve a house extension on land next to her home. Mrs X said the new extension will reduce light and adversely affect the outlook from her home. We ended our investigation as it was unlikely to result in a finding of fault, a remedy for Mrs X or any other meaningful outcome.

Summary: Mr X complains about the Council’s handling of his neighbour’s planning application to install an air conditioning heat exchange unit. We do not find fault in the Council’s decision-making.

Summary: Mr X complained about the Council’s decision to allow events on land it controls. We did not investigate this complaint further because it was unlikely to result in a finding of fault, a remedy or any other meaningful outcome.

Summary: Mr X complained about the Council’s decision to allow the removal of a stone wall hedge. We did not investigate further because we are unlikely to find fault, recommend a remedy to Mr X or achieve any other meaningful outcome.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainants have not suffered significant injustice.

Summary: We cannot investigate Mr X’s complaint the actions of a contractor involved in a project for redevelopment in the area. This is because we have no jurisdiction over the contractor and cannot hold the Council responsible for their actions. We also cannot achieve the outcome Mr X wants.

Summary: We will not investigate this complaint about the Council’s handling of a building control matter. We have not seen evidence of fault in the Council’s actions, and Mr X has not suffered a significant personal injustice.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has the right to appeal to the Planning Inspector.

Summary: Mr and Mrs C complained about the Council’s response to their report of a breach of planning control at a neighbouring property and say they suffer from an overbearing development which affects their outlook. We have found no fault in the Council’s consideration of the planning breach but there was fault in failing to provide a complaint response. I consider the agreed action of an apology and procedural review provides a suitable remedy.

Summary: We will not investigate this complaint about the Council’s handling of enforcement matters in relation to an area of land within the green belt where Mr X owns a piece of land. This is because an investigation is unlikely to add to that already undertaken by the Council or lead to a different outcome.

Summary: We will not investigate Ms X’s complaint about the Council’s and committee’s planning processes resulting in the grant of permission for a new property near her house. There is not enough evidence of fault by officers or committee Members to warrant investigation. We also cannot achieve the outcomes Ms X wants from her complaint.

Summary: We will not investigate Miss X’s complaint about the Council’s advice regarding her planning application. This is because there is not enough evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council’s handling of a planning application for a development close to Mr X’s home. This is because we are unlikely to find evidence of fault by the Council.

Summary: We will not investigate Mr X’s complaint about delay by the Council in validating his planning applications. This is because the delay carried a right of appeal to the Planning Inspectorate which it would have been reasonable for Mr X to use. We also could not provide a remedy for the increase in costs Mr X claims as a result of the alleged delay.

Summary: We will not investigate this complaint about the Council’s handling of a planning application for a development next to the complainants. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainants to have contacted the Ombudsman sooner, and there is not enough evidence that fault by the Council has caused them an injustice.

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.