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 application of its Unreasonable Complainant Behaviour Policy in relation to planning issues first raised by Mr X over 5 years ago and which were the subject of an earlier Ombudsman investigation in 2019. This is because an investigation is unlikely to find evidence of fault by the Council.

Summary: We will not investigate Mr X’s complaint about the Council’s planning enforcement and complaints processes. There is not enough significant personal injustice to Mr X from the core enforcement matter to warrant investigation. We do not investigate councils’ communications and complaint-handling in isolation from the core matter which gave rise to the complaint. We cannot achieve the outcomes Mr X seeks from his complaint.

Summary: We will not investigate this complaint about the Council’s decision to approve a planning application. There is not enough evidence of fault in the way the decision was made, and we cannot achieve the outcome the complainant is seeking.

Summary: We will not investigate this complaint about the process followed by the Council in relation to its draft local plan. This is because we are unlikely to find fault. The complainant has also not suffered any significant injustice.

Summary: We will not investigate this complaint about planning permission being granted for a development which the complainant says has a dangerous access and affects his privacy. It is reasonable to expect the complainant to have contacted us sooner, and we cannot achieve some of the outcomes he is seeking.

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

Summary: We will not investigate this complaint about the Council’s decision that there is no breach of planning control at the property next to the complainant’s home. There is not enough evidence of fault in the way the Council came to its decision to justify an investigation.

Summary: We will not investigate this complaint about the grant of planning permission to a neighbour of Ms X as there is no evidence of fault by the Council.

Summary: Mr X complained the Council failed to enforce the planning conditions for the neighbouring business next door, with dissatisfaction with how the Council dealt with his concerns. We do not find fault by the Council in the way it made its decisions for not taking enforcement action for some conditions. We found some fault with the delay in pursuing compliance with one of the conditions. The Council has agreed to our recommendations to remedy the injustice caused.

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

Summary: We will not investigate Mr X’s complaint that the Council failed to identify issues with his building work and has refused to reimburse him for putting them right. This is because we cannot hold the Council responsible for the issues or achieve any worthwhile outcome for Mr X.

Summary: We will not investigate this complaint about the Council’s response to a report of a breach of planning control. The complainant was aware of the matter three years ago and the complaint is therefore late. We have seen no reason to exercise discretion and investigate this late complaint.

Summary: We will not investigate this complaint about the Council’s decision to allow a written representation to remain on its planning portal. 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 it is not unreasonable to expect the complainant to have come to us much sooner.

Summary: Mr X complained about the Council’s approval of his neighbour’s planning application and its failure to take effective action against several breached of planning control. We did not found fault with the Council’s actions.

Summary: We will not investigate this complaint about the Council’s handling of the planning enforcement and planning application processes relating to an extension built near the complainant’s home. The alleged faults have not caused the complainant a significant personal injustice.

Summary: We will not investigate this complaint about the Council failing to give a new development near Mr X’s home a separate street address. This is because there is not enough evidence of fault to justify an investigation.

Summary: We will not investigate this complaint about the Council’s decision to approve an application for consent under its Householder Extension Local Development Order Scheme. We have not seen evidence of fault to justify an investigation. Nor can we achieve the outcome the complainant is seeking.

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

Summary: Ms X complained about how the Council responded to her reports of breaches of planning control at a neighbouring property. Ms X said this caused her significant distress and resulted in damage to her property. We do not find fault with how the Council considered and responded to Ms X’s reports.

Summary: We will not investigate Mrs X’s complaint about the Council not accepting responsibility for damage to her garden she claims has been caused by a developer’s use of the road, and officers not stopping that use. It would be reasonable for Mrs X to take her claim to insurers then the courts to pursue the finding she seeks. We also cannot achieve the outcomes she wants. There is not enough evidence of fault in the Council not enforcing against the developer to warrant us investigating.