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 handling of a reported breach of planning control. This is because any injustice is not significant enough to justify our involvement.

Summary: Mr X complained the Council’s decision to grant planning permission to a development at a neighbouring property was flawed. Mr X has also complained about how the Council responded to his reports of breaches of planning control. We do not find fault with how the Council considered the planning applications or responded to Mr X's enforcement complaints. We find the Council at fault for failing to make all relevant documents publicly available but find it has taken sufficient action to remedy this already.

Summary: We will not investigate this complaint about the Council’s involvement in the building of a link road which Mr X wants closed to HGV traffic. This is because the complaint is a late complaint and so falls outside our jurisdiction.

Summary: We will not investigate this complaint about a planning decision made several years ago. We could not come to sound decisions about historical planning decisions, and in any event the injustice Mr X claims is not a matter for the Council as it is a civil matter between him and his neighbours.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because it is not yet possible to say if the complainant has suffered any significant injustice as a result of the alleged fault.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant had the right to appeal to the Planning Inspector.

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 and the complainant has not suffered any significant injustice. Concerns about how the Council dealt with the complainant’s request for information are better dealt with by the Information Commissioner’s Office.

Summary: Mr X complained about the Council’s building control and environmental health investigations regarding his reports of smoke nuisance from a neighbour’s chimney. There was no fault in the Council’s environmental health or building control investigations. There was a delay in the Council’s complaints process, but the Council has already apologised for the injustice caused by the delay.

Summary: Mr X complained about how the Council handled his report of a breach of planning on land behind his property. We have found the Council at fault for a delayed and inadequate investigation resulting in the new development overlooking Mr X’s property. The Council has agreed to take action to remedy Mr X’s injustice.

Summary: Mr X complained about how the Council handled his report of a breach of planning on land behind his property. We have found the Council at fault for a delayed and inadequate investigation resulting in the new development overlooking Mr X’s property. We have recommended the Council takes action to remedy Mr X’s injustice.

Summary: We will not investigate this complaint about the Council’s use of Ordnance Survey mapping data. We consider that further investigation will not lead to a different outcome. Also, we cannot achieve the outcome the complainant is seeking.

Summary: We will not investigate this complaint about a lack of enforcement against breaches of planning control which go back several years. The complaint is late, and we have seen no reason why the complainant could not have contacted us much sooner.

Summary: We will not investigate this complaint about information provided by the Council which accompanied an Enforcement Notice. 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 decision not to take planning enforcement action against breaches of planning control which are affecting Ms X’s amenity. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Summary: We will not investigate this complaint about the Council’s decision not to include works at a golf course as part of an earlier application for other works on the course. This is because the complaint is a late complaint and so falls outside our jurisdiction.

Summary: We will not investigate this complaint about the Council’s handling of a recent planning application by Ms X’s neighbour and its decision not to impose a condition to protect Ms X’s boundary hedge and trees. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Summary: We will not investigate Mr X’s complaint about the Council’s decisions not to take planning enforcement action against the developer of two nearby properties, nor the developer who widened the access road entrance shared by his property and others, or fault in its calculation and collection of the Community Infrastructure Levy (CIL) due for the two properties. There is not enough evidence of fault in the Council’s planning enforcement or planning permission decisions and decision-making processes regarding the access to warrant us investigating. Even if there has been fault in the Council’s enforcement decision on the two nearby properties, or its calculation and collection of the CIL, these matters cause insufficient personal injustice to Mr X to warrant investigation.

Summary: X complained about the Council’s decision to approve a planning application on land at the side of their home. X also complained the Council failed to enforce planning controls relating to tree protection. We did not investigate these complaints further, as we were unlikely to find significant fault, recommend a remedy or reach any other meaningful outcome.

Summary: X complained about the Council’s decision to approve a planning application for development on land behind X’s home. X also complained about the lack of planning enforcement relating to planning conditions. There was no fault in the way the planning application was decided. We did not investigate alleged failures relating to planning enforcement, because the planning enforcement investigation is ongoing.

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 by the Council and the complainant has not suffered any significant injustice.

Summary: We will not investigate this complaint about how the Council dealt with a building control matter and a possible breach of planning control. This is because we are unlikely to find fault by the Council. It is also unlikely an investigation would achieve a worthwhile outcome for the complainant.

Summary: We will not investigate this complaint about the Council’s handling of planning and enforcement matters in relation to development at a property close to Ms X’s home. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Summary: We will not investigate this complaint about the way the Council handled planning applications for works to the property next to the complainant. There is not enough evidence of fault by the Council.

Summary: We will not investigate Ms X’s complaint about possible breaches of the General Data Protection Regulation by the Council. This is because the Information Commissioner and the courts are better placed to deal with the matter and to get the outcome Ms X wants.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant had the right to appeal to the Planning Inspector.

Summary: We will not investigate this complaint that the Council failed to consult neighbours about a certificate of lawfulness application. There is not enough evidence of fault by the Council.

Summary: We will not investigate this complaint about how the Council dealt with a building control matter. This is because it is unlikely we could achieve a worthwhile outcome for the complainant.

Summary: We found no fault on Mr M’s complaint about the Council failing to take enforcement action against a nearby business for breaching planning consent. The Council was entitled to take an informal approach to his reports, especially as the business submitted a new planning application which it has yet to decide.