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 planning permission granted by the Council because the complaint is out of time.

Summary: We will not investigate this complaint about the widening of a vehicle crossover at a property next to the complainant’s home, and associated parking enforcement action. 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 that fault by the Council has caused the complainant a significant personal injustice.

Summary: We will not investigate this complaint about the way the Council processed the complainant’s neighbour’s planning application. There is insufficient evidence of fault in its’ accepting the ownership certificates. The alleged faults in the Planning Officers’ report are relatively minor and we do not consider the complainant has suffered a significant personal injustice as a result. The report does not mislead the Council and does show the Council considered the impact of the proposal on the complainant’s home and the street scene.

Summary: We will not investigate this complaint about the Council’s decision on the complainant’s report of unauthorised development. There is no evidence of fault in the way the Council considered the report and decided not to take any action.

Summary: We will not investigate this complaint about the Council’s handling of a planning application at a site near the complainant’s property. 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 that fault has caused the complainant a significant personal injustice.

Summary: We will not investigate Ms X’s complaint about the Council’s handling of a planning application. This is because there is not enough evidence of fault to warrant further investigation.

Summary: We will not investigate this complaint about the failure to respond to the complainant’s complaint about a delay in determining her planning application. The complaint is late. The complainant also appealed to the Planning Inspector which takes the substantive issue out of the Ombudsman’s jurisdiction. Finally, there is insufficient injustice in the failure of the Council to follow the complaints procedure alone to justify an investigation.

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

Summary: We will not investigate this complaint about the Council’s response to concerns Ms X raised about Council contractors parking their vehicles in her road. This is because we are unlikely to find evidence of fault sufficient to warrant an investigation.

Summary: We will not investigate this complaint about planning permission granted by the Council as it is out of time.

Summary: We will not investigate this complaint about planning enforcement because Mr X used his right of appeal to a Planning Inspector and any prosecution is a matter for the courts. Part of the complaint is also out of time.

Summary: We will not investigate this complaint about the failure of the Leader of the Council and the Chief Executive to personally respond to the complainant’s enquiry. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. From the information we have seen, there is no evidence of fault in the way the Council responded to the complainant.

Summary: We will not investigate this complaint about a delay in the Council deciding a planning application. This is because the complainant had the right to appeal to the Planning Inspector.

Summary: We cannot investigate Mr X’s complaint about the Council’s commencement of action at the High Court as the matter falls outside our jurisdiction. We will not investigate Mr X’s complaint about the Council’s refusal to accept his development is lawful as there are other bodies better placed to consider the issue.

Summary: We will not investigate this complaint about the way the Council processed a planning application to build new homes in the village where the complainant lives. We have not seen sufficient evidence of fault in the Council’s decision-making process. And we cannot achieve the outcome the complainant is seeking.

Summary: Mr B complained about the Council’s decision not to take enforcement action against an airport for breaching the terms of a section 106 legal agreement. We have not found fault with the actions of the Council.

Summary: We will not investigate this complaint about the Council granting retrospective planning permission for works to a garden close to the complainant’s home. 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 in the way the Council reached its decision.

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a development behind the complainant’s home, or its decision that the development commenced before the planning permission expired. 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 there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about planning enforcement. That is because further investigation would not lead to a different outcome.

Summary: We will not investigate this complaint about the Council’s failure to consult with Mr X about highway works to be carried out under a s278 1980 Highways Act agreement. This is because there is no evidence to suggest fault by the Council.