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: There was fault by the Council as it referred to the wrong section of planning guidance in the planning report on a prior notification application for an extension. The Council’s apology remedies this injustice. The planning officer’s assessment of the extension, against the Council’s planning guidelines, was without fault.

Summary: Mr X said the Council’s failure to correctly apply its planning policy meant nearby development reduced light to his home. The Council accepted the development breached planning policy and acted to reduce its impact on Mr X’s home. We found fault in how the Council reached its decision to grant planning permission for the development. But the steps it took to put matters right, including its offer to pay £7,650, suitably addressed Mr X’s injustice.

Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to take enforcement action over claims about breaches of planning permission. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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 actions relating to its issuing a Planning Enforcement Notice and refusal of his application for a Certificate of Lawful Development. The complainant used his right of appeal to the Planning Inspector and took legal action on the Enforcement Notice. And he had the right to appeal against the refusal of the Certificate of Lawful Development. The complaint is therefore outside our jurisdiction.

Summary: We will not investigate this complaint about the Council’s decision to approve a planning application. We have seen insufficient evidence of fault in the process the Council followed before making its decision.

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 Mrs X’s complaint about the Council’s planning decisions relating to a property she has since bought. This is because it is unlikely we could achieve any worthwhile outcome for her.

Summary: We will not investigate this complaint about planning enforcement as there is no evidence of fault by the Council causing injustice and the planning permission itself is out of time for investigation.

Summary: We will not investigate this complaint about planning enforcement as there is no evidence of fault by the Council causing injustice.

Summary: Mr B complained the Council breached planning control. He said the Council leased a property to a housing association for use as supported living accommodation without applying and getting the right planning permissions. He also complained the Council did not investigate or respond properly to his noise complaint. Mr B said this negatively impacted his and his wife’s enjoyment of their home and caused them distress. The Council was at fault for breaching planning control and not considering whether the property met building regulations. The Council will make a financial payment to remedy the injustice caused to Mr and Mrs B by its fault.

Summary: We found no fault on Mr J’s complaint about the Council failing to properly consider a planning application for a nearby driving test centre. Nor was there fault with its complaints procedure.

Summary: We will not investigate this complaint about the process the Council followed before letting a farm close to the complainant’s home. There is insufficient evidence of fault by the Council to justify an investigation.

Summary: We will not investigate this complaint about use of a community centre as the complaint is out of time.

Summary: Mrs X said the Council failed to properly consider the impact of development that unacceptably overshadowed and blocked light to her home. We found no fault in how the Council reached its planning decision approving the development.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainant has not suffered any significant injustice as a result of the alleged fault.

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

Summary: Mrs X complained about the Council’s handling of a planning enforcement investigation. We ended the investigation because it is unlikely to result in a finding of fault, a remedy for Mrs X, or any other meaningful outcome.

Summary: We will not investigate this complaint about how the Council dealt with a building control matter. This is because it is unlikely we could achieve a worthwhile outcome for the complainant.

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

Summary: Miss X complained the Council allowed her mother, Mrs Y’s garage to fall into disrepair. Miss X complained the Council did not follow a fair process when deciding to demolish the garage and communication has been poor. We do not find fault with how the Council made the decision to demolish the garage. We find the Council at fault for failing to respond to one repair request and one of Miss X’s emails, but we are satisfied it has acted to acknowledge the injustice this has caused.