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 responses to a previous complaint to the Ombudsman. There is insufficient evidence of fault in the Council’s decision. Nor do we consider the complainant has suffered a significant personal injustice which justifies our involvement.

Summary: We will not investigate this complaint about how the Council has dealt with the complainant’s application for a Certificate of Lawfulness for Existing Use or Development. This is because the complainant had the right to appeal to the Planning Inspector. The Information Commissioner’s Office is best placed to deal with the complainant’s concerns about how the Council dealt with his request for information.

Summary: We have ended our investigation into Mr X’s complaint about how the Council handled his prior approval notification. Mr X appealed to the Planning Inspectorate and the law says we cannot investigate a complaint if someone has appealed to a government minister.

Summary: Mr X complains about how the Council has dealt with a breach of planning control. He contacted the Council about the unauthorised business activity near his home but says enforcement action was not taken until three years later. We have found there was delay by the Council in deciding a planning application. We have also found some fault with the Council’s communication. The Council has agreed to apologise and make a symbolic payment in recognition of the distress caused to Mr X.

Summary: Mr X complained about the Council’s decision not to take enforcement action in respect of his neighbour’s development. He also says the Council took too long to investigate the matter. We have upheld the complaint because there was excessive delay and poor communication with Mr X. We recommend the Council should apologise to Mr X and share this decision with officers. We did not find any additional fault with its assessment of the development and the decision not to take enforcement action.

Summary: We will not investigate this complaint about planning permission because there is no evidence of fault.

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.

Summary: We will not investigate this complaint about the Council’s planning decisions as they are appealable to a Planning Inspector.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainant is complaining on behalf of a parish council and not as a member of the public.

Summary: We will not investigate this complaint about planning enforcement because there is insufficient injustice caused by alleged fault to warrant investigation.

Summary: Mr & Mrs D complained about the way the Council discharged planning conditions and dealt with alleged planning breaches for a development next to their home. There was fault when the Council failed to respond to Mr & Mrs D in 2020 and delay in starting enforcement in 2021. I am satisfied the apology the Council has already given remedies the injustice caused. We have found no fault in the way the Council discharged the planning conditions or decided not to take enforcement action.

Summary: Mr X complained the Council’s building control service failed to properly inspect the drains of his house before he bought it. He said that because of this failure, his drains were not connected to the main sewer, causing significant impacts on his amenities, costs and disturbance. We found fault that will be remedied by the Council reviewing its practices and procedures to help avoid recurrence of the fault.

Summary: Mrs X complained the Council’s building control service failed to properly inspect the drains of her house before she bought it. She said that because of this failure, her drains were not connected to the main sewer, causing significant impacts on her amenities, costs and disturbance. We found fault that will be remedied by the Council reviewing its practices and procedures to help avoid recurrence of the fault.

Summary: We will not investigate this complaint about a planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late and there is no good reason to exercise discretion in this case.

Summary: We will not investigate Ms X’s complaint about the Council’s handling of her neighbour’s planning application. 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 to warrant further investigation.

Summary: We will not investigate this complaint about planning enforcement as the matter is out of time and there is no evidence of fault by the Council.

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. The complainant has also not suffered any significant injustice.

Summary: We will not investigate Mrs X’s complaint about the Council’s failure to monitor and enforce requirements relating to travel plans for major developments in the area. This is because the Council has agreed to look into the issue and take any necessary action and it is unlikely we could achieve anything more for Mrs X by investigating.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application and the pre-application planning advice it provided. This is because we are unlikely to find fault by the Council. The complainant also had the right to appeal to the Planning Inspector.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications and pre-application planning advice request. 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 consideration of public comments on a planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of fault by the Council.

Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a retrospective planning application which included the creation of an off-street parking space. There is not enough evidence of fault to justify investigating.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of his planning application. This is because it would have been reasonable for Mr X to appeal to the Planning Inspectorate.

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.