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 C complained the Council failed to take timely and effective action in response to reports about a neighbouring outbuilding which has resulted in an overbearing development and loss of privacy. We have found no fault by the Council.

Summary: Ms X complained the Council did not properly consider noise levels, safety, and traffic when deciding to grant planning permission for the location of residential development she currently lives in. We did not find fault with the Council as it has sufficiently evidenced it considered these matters before approving the application.

Summary: We will not investigate this complaint about the Council’s decision not to take action against an unauthorised change of use for premises in Ms X’s area. 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 considered a planning application. There is not enough evidence of fault in the Council’s action to justify an investigation. Nor can we achieve the outcome the complainant is seeking.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. This is because the Council has explained the issue is for the relevant district or borough council and I have seen no evidence of fault affecting its view on this point. It is therefore unlikely we could achieve any worthwhile outcome for Mr X by investigating further.

Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a planning matter. This is because the complaint is late and the Council’s actions did not cause the injustice Mrs X claims. We could not therefore achieve the outcome Mrs X wants, which includes paying her compensation of nearly £35,000.

Summary: We will not investigate Ms X’s complaint about the Council’s handling of planning matters relating to development at a neighbouring property. 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 how the Council dealt with a breach of planning control. This is because it is not yet possible to determine if the complainant has suffered any significant injustice.

Summary: We will not investigate this late complaint about the Council’s decision not to enforce against a structure Mr X says breaches planning control. There is not a good reason for the delay in bringing the matter to the Ombudsman.

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

Summary: We will not investigate this complaint about liability for a Community Infrastructure levy (CIL) because there is no evidence of fault by the Council and there is a right of appeal to a Planning Inspector.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement issue because it concerns an issue of professional judgement and there is not enough evidence of fault by the Council. We also could not say the Council’s actions caused the injustice Mr X claims or, therefore, achieve the outcome he wants. If Mr X disputed the decisions attached to the planning permission, or if he felt the Council had wrongly delayed dealing with his application, it would have been reasonable for him to appeal.

Summary: X complained about a planning decision relating to land next to their home. We ended our investigation because it was unlikely we would find fault, recommend a remedy, or achieve any other meaningful outcome.

Summary: X complained about how the Council dealt with a planning and listed building enforcement issue. We did not investigate this complaint further because we were unlikely to find significant fault, recommend a remedy or reach any other meaningful outcome.

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

Summary: We will not investigate Mr X’s complaint about the contents and issue of a warning letter for an alleged breach of planning control. This is because the Council’s actions did not cause Mr X significant injustice warranting an investigation.

Summary: We will not investigate Ms X’s complaint about the Council’s loss of plans she says she needs for a court case. This is because we cannot achieve any worthwhile outcome for Ms X by investigating the matter further. The Council confirms the plans no longer exist and we cannot say this is wrong or make it find them.

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a household extension. There is insufficient evidence of fault in the Council’s decision-making process to justify an investigation. Nor can we achieve the outcome the complainant is seeking.

Summary: We will not investigate this complaint about the way the Council is considering a planning application. We do not consider the complaint has suffered sufficient personal injustice to warrant an investigation at this time.

Summary: We will not investigate this complaint about the Council’s handling of planning and building control matters which date back a number of years. This is because the complaint is a late complaint and so falls outside our jurisdiction to investigate.

Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against a breach of planning control. We do not consider the complainant has suffered a significant personal injustice. Nor do we consider further investigation will lead to a different outcome.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning application. This is because there is not enough evidence of fault by the Council and its decision to grant planning permission did not cause Mr X significant injustice.

Summary: We will not investigate Mrs X’s complaint about the Council deciding not to enforce against her neighbour’s caravan, how it dealt with an environmental health (EH) issue related to the same neighbour, and its management of the EH case. There is not enough evidence of fault in the Council’s decision-making process on the caravan or its practical action on the EH case to warrant us investigating. The Council has apologised for giving unclear responses about the status of the EH case. Investigation would not provide a different outcome. There is insufficient injustice caused to Mrs X’s family from having to seek Council updates on the EH case to justify an investigation.

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.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

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

Summary: There was no fault by the Council when it advised Mrs B that she needed to apply to regularise the lack of Buildings Regulations approval, and pay an application fee.

Summary: We will not investigate this complaint about the Council’s handling of past and current planning applications at a site in Ms X’s locale. This because past applications fall outside our jurisdiction due to the passage of time and there is no evidence to suggest fault in the Council’s handling of more recent applications.

Summary: We will not investigate this complaint about how the Council dealt with a planning application and an application for a certificate of lawfulness of proposed use or development. This is because we are unlikely to find fault and the complainant has not suffered any significant injustice.

Summary: We will not investigate this complaint about the Council’s handling of the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector.

Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because we are unlikely to find fault and the complainant has not suffered any significant injustice because of any delays.