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 way the Council is processing a planning application. We are unlikely to find fault in the Council’s actions. Also, it is not possible to determine whether the complainant has suffered a significant personal injustice as the planning application has not yet been decided. And it is reasonable to expect the complainant to contact the Information Commissioner’s Office if he is unhappy with the Council’s response to a request made under the Freedom of Information Act.

Summary: We will not investigate this complaint about the alleged failure to consult residents on adopting a proposed neighbourhood plan. The Independent Examiner considered the production and consultation on the plan followed the legal requirements. Also, we have seen no evidence that the Council failed to follow the statutory requirements for publication and consultation.

Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant has the right to appeal to the Planning Inspector.

Summary: Mr X complains about a lack of planning enforcement action by the Council between December 2020 and December 2022. We find no evidence of fault in the Council’s decision making or how it progressed the case. We therefore cannot question the merits of its decision.

Summary: Mrs X complained about the Council’s decision to approve a planning application for development on land near her home. We did not investigate this complaint further, as we were unlikely to find fault, recommend a remedy or reach any other meaningful outcome.

Summary: We will not investigate this complaint about the Council’s failure to act on a report of a breach of planning control. We do not consider that an investigation will lead to a different outcome

Summary: Mr X complains about the Council’s handling of planning and enforcement matters relating to a development close to his home. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation and past events fall outside our jurisdiction due to the passage of time.

Summary: We will not investigate Mr X’s complaint about the cost to local taxpayers from the Council’s unsuccessful pursuit through the courts of permission for a development. The matter affects all or most of the people living in the Council’s area so by law we cannot investigate.

Summary: We will not investigate Mr X’s complaint about the Council’s decision not to take enforcement action for an alleged unauthorised use of a building near his home. This is because there is not enough evidence of fault by the Council.

Summary: Mrs B has complained about the way in which the Council considered a planning application for development near her property. We have not found fault with the actions of the Council.

Summary: Mr C complained the Council failed to issue a decision notice for his outline planning application following its approval and delayed in doing so for over a year. Mr C also complained the Council failed to refund his application fee in line with government guidance. We have found fault but consider the agreed action of a refund of the application fee, symbolic payment and review of procedure provides a suitable remedy.

Summary: Mrs D complains the Council failed to take enforcement action for alleged planning breaches by a neighbour. We have not found any evidence of fault by the Council and have completed the investigation and not upheld the complaint.

Summary: Mr C complained about the Council’s handling of a planning application for a development next to his home, and how it responded to his concerns. We found no fault in the way the Council reached its planning decision. Nor, its view Mr C had to raise his concerns through its corporate complaints process. However, the Council failed to respond to his concerns about disposal of alleged Council land outside the planning process. The Council has agreed acknowledge its misunderstanding to Mr C and respond to this concern.

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 Ms X’s complaint about the Council’s delay in deciding her planning application and unprofessional officer actions during the process. Ms X’s professional representative had the right of appeal on her behalf to the Planning Inspectorate against the Council on grounds of non‑determination of the application, which it was reasonable for them to have used. There is no worthwhile outcome achievable for Ms X by investigation of Council officers’ actions now.

Summary: Mr X complained about how the Council responded to his report of a breach of planning control at a neighbouring property. Mr X said this caused him significant distress and has affected the value of his property. We do not find fault with how the Council considered and responded to Mr X’s report.

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 the Council’s response to Mr X’s complaints about his neighbour’s building works. This is because the complaint is late.

Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control and a possible statutory nuisance. This is because the complainant has appealed to the Planning Inspector. The complainant has also not suffered any significant injustice in relation to any alleged fault with how the Council investigated a possible statutory nuisance.

Summary: We will not investigate this complaint about the Council failing to ensure a historic crane was replaced by a contractor that mislaid the original. There is insufficient evidence of injustice caused to the complainant.