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: Mr A and Ms B complain the Council failed to take enforcement action for an alleged planning breach. We have not found evidence of fault by the Council and have completed the investigation and not upheld the complaint.

Summary: We will not investigate this complaint about the Council issuing Mr X with an Enforcement Notice or about its communication with him about it. This is because Mr X had appeal rights against the Enforcement Notice to the Planning Inspector so placing this matter outside our jurisdiction and there is insufficient evidence of fault by the Council in its communications with Mr X to warrant an investigation.

Summary: We will not investigate this complaint about how the Council dealt with an application to consider if a telecommunication monopole needed prior approval. We are unlikely to find fault in the way the Council considered the application.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning application for a new dwelling to the rear of his property. This is because there is not enough evidence of fault by the Council.

Summary: Mr X complained that the Council failed to properly investigate his concerns about breaches of planning permission at a neighbouring development. We found no fault in the way the Council dealt with these concerns. However, it failed to keep a note of all telephone conversations on the case record, causing uncertainty. It also failed to respond to Mr X’s queries causing uncertainty and frustration and putting him to the inconvenience of having to chase for updates. The Council has provided a satisfactory remedy for the injustice caused.

Summary: Mr X complained the Council failed to impose a planning condition to require a vehicle turning space on land over which he has a right of access. We found fault because the Council cannot show it properly considered an existing planning condition. The fault has resulted in difficulties for Mr X when manoeuvring his car. Because of this, we recommended an apology and a review of procedures to avoid recurrence of the fault we found. The Council has agreed to our recommendations.

Summary: We will not investigate Mr X’s complaint about the Council’s involvement in a land ownership dispute between her and a neighbouring landowner. This is because we cannot achieve any worthwhile outcome for Mr X by investigating the Council’s actions. The main issue is a private civil matter between the relevant parties and if Mr X wishes to find out if part of his land has been adopted as public highway he should contact the highway authority.

Summary: We will not investigate this complaint about the grant of planning permission as there is insufficient injustice to warrant investigation.

Summary: We will not investigate Mr B’s complaint about the Council charging him £60 for a building control completion certificate which should have been issued in 1997. This is because too much time has passed since the events complained about. Also, Mr B has not suffered a significant injustice which would justify an investigation.

Summary: Mr E complains the Council failed to take enforcement action relating to alleged planning breaches caused by a neighbouring development. We have not found evidence of fault by the Council and have completed the investigation and not upheld the complaint.

Summary: Ms X complained about how the Council dealt with issues relating to contaminated land after it gave planning permission for the housing development where she lives. There was no fault in the way the Council had dealt with this matter. The Council had used the planning process to satisfy itself that the contaminated land is built over and does not present a threat to public safety.

Summary: We will not investigate Mr X’s complaint about the Council’s grants of planning permission and its refusal to take formal action to enforce a Section 106 legal agreement. This is because there is not enough evidence of fault by the Council and we cannot achieve any worthwhile outcome for Mr X.

Summary: We will not investigate this complaint about planning permission and enforcement because there is insufficient injustice to warrant investigation.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because there is not enough evidence of fault to justify investigating and any injustice is not significant enough to justify our involvement.

Summary: Mr X complained about the way the Council handled a planning application for the change of use of land near his home. He said the Council failed to properly consider the impact on his home as a listed building. There was no fault in the Council’s consideration of the change of use application. However, there was fault in the Council’s failure to include a condition limiting the number of dogs allowed on site at the same time.

Summary: We will not investigate Mr X’s complaint about a planning matter. This is because there is not enough evidence of fault affecting its decision to grant planning permission.

Summary: We will not investigate this complaint about the Council’s consideration of a planning application. This is because there is insufficient evidence of fault.

Summary: We will not investigate Miss X’s complaint about the Council’s pre-application planning advice. This is because the complaint is late and we cannot decide whether the advice was correct. If Miss X believes her proposal is acceptable she may wish to apply for planning permission and appeal against any refusal. The Planning Inspectorate is better placed to determine if the Council’s approach to the proposal is correct.

Summary: We will not investigate this complaint about the Council’s handling of planning enforcement issues on a site next to the complainant. There are no grounds to consider matters which arose more than 12-months ago, there is not enough evidence of fault in the Council’s recent planning enforcement decisions, and we cannot achieve the outcome the complainant is seeking.

Summary: We will not investigate this complaint about the Council deciding not to take planning enforcement action over a flag being flown without permission. This is because there is insufficient evidence of fault by the Council.

Summary: We cannot investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector.

Summary: We cannot investigate this complaint about the Council’s handling of a planning application. This is because the complaint is made by a parish council. We cannot investigate complaints made by public bodies, such as parish councils.