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 Mrs X’s complaint about the Council’s handling of a planning enforcement matter. This is because it is unlikely we could achieve any worthwhile outcome for Mrs X by investigating the matter now.

Summary: We will not investigate this complaint about the Council’s consultation on proposed changes to a local park, and failures in the complaint procedure. We consider the complainant has not suffered a significant personal injustice which warrants an investigation.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a neighbour’s 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 actions on a breach of planning control. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

Summary: We will not investigate this complaint about the Council’s handling of a building control matter. We cannot achieve the outcome the complainant is seeking. And it is reasonable to expect the complainant to ask the court to decide whether the Council has been negligent and is liable to pay compensation.

Summary: We will not investigate Mrs X’s complaint about the Council’s decision to grant permission for a single storey rear extension at her neighbour’s property, and how it dealt with her complaint. There is not enough evidence of fault by the Council affecting the planning outcome to warrant us investigating. We do not investigate councils’ complaint handling where we are not investigating the core issues giving rise to the complaint. We cannot achieve the outcomes Mrs X seeks from her complaint which is a further reason for us not to investigate.

Summary: We will not investigate Mr B’s complaint that the Council failed to identify defective building work which did not meet the building regulations. This is because an investigation would not achieve a meaningful outcome.

Summary: We cannot investigate Mr B’s complaint that the Council deliberately delayed deciding his planning application. This is because Mr B appealed to the Planning Inspector.

Summary: We have ended our investigation into Mr X’s complaint which stems from the Council having not determined a minor works application he submitted in 2018. We do not investigate matters that took place more than 12 months ago if the complainant was aware of them.

Summary: We will not investigate this complaint about the Council deciding not to take enforcement action against an outbuilding erected in a garden 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. There is not enough evidence of fault in the way the Council considered the matter.

Summary: There was fault by the Council as an initial complaint was not properly passed to the correct department. The Council remedied this fault by apologising and providing the complainant with the details to make his complaints directly to the correct department. The Council also gave the wrong advice, as it said damage to a highway was a civil matter but has now corrected this advice.

Summary: We will not investigate this complaint that the Council failed to notify residents about an appeal against its decision to refuse prior approval for a telecommunications mast. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. An investigation is unlikely to uncover evidence of fault by the Council, and the decision of the Planning Inspectorate is not within our jurisdiction.

Summary: Mr X complained the Council failed to protect him and other residents from noise and dust caused by breaches of planning condition. We ended our investigation because it was unlikely to result in a finding of fault, a remedy for Mr X or any other meaningful outcome.

Summary: The complainant says the Council did not properly notify her, as a local resident, about a planning application for a phone mast. And by granting permission, the Council did not follow its own planning policy. The Ombudsman’s decision is there is no evidence of fault by the Council, so we cannot question the merits of its decision.

Summary: Mr X complained the Council failed to take enforcement action against an unlawful change of use on land near his home. We did not investigate this complaint further, because the Council’s enforcement file remains open, and the planning process is ongoing. Mr X may come back to us if he remains dissatisfied once the planning process has run its course.

Summary: We will not investigate Mr X’s complaint that the Council wrongly advised his neighbour about a planning matter. This is because there is not enough evidence of fault by the Council or to show its actions caused him significant injustice. The issues Mr X raises are private civil matters between him and his neighbour and his remedy for these lies in making a claim against them at court.

Summary: We will not investigate this complaint about how the Council dealt with planning applications for a development near the complainant’s home. This is because we are unlikely to find fault. It is also unlikely we could add to the Council’s response.

Summary: We will not investigate this complaint about a failure to take enforcement action against breaches of planning control and failure to plant a replacement tree. We consider that investigation will not lead to a different outcome.

Summary: We will not investigate this complaint about how the Council handled the complainant’s planning applications. 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 him to use, or have used, his right of appeal to the Planning Inspectorate, and any residual injustice is not significant enough to justify our continued involvement in the complaint.

Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because we are unlikely to find fault.

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 and we cannot achieve the outcome Ms X wants.